State Road Department v. United States

DE VANE, District Judge.

Memorandum of Court’s Ruling upon Motion to Strike Part of Plaintiff’s Defenses to Defendant’s Counterclaim.

Defendant has moved the court to strike the following portions of plaintiff’s defenses to the counterclaim:

1. Paragraphs 1 and 2 of the First Defense.

2. Paragraphs 1 and 2 of the Second Defense.

3. Plaintiff’s Third Defense.

4. Plaintiff’s Fourth Defense.

5. The following clause in Plaintiff’s Fifth Defense — “denies it has consented to the adjudication of the counterclaim.”

When this phase of this litigation was before the court on plaintiff’s motion to strike…