Empire Tractor Corp. v. Time, Inc.

McGRANERY, District Judge.

This is an action for damages against Time, Inc., the publisher of a magazine in which there appeared an article allegedly libelous of the plaintiff corporation. There is before the Court a motion, under Rule 12(f), Federal Rules of Civil Procedure, 28 U.S.C.A., to strike certain allegations contained in the defendant’s answer, on the ground that they are redundant, immaterial, impertinent and scandalous, and also to strike the defense of the statute of limitations on the ground that it has been waived.

The published article complained of contains serious reflections…