Mershon v. O'neill

BYERS, District Judge.

This is a motion by defendant in an action at law to recover damages for the alleged infringement of Letters Patent of the United States Nos. 1,141,402 and 1,784,-674 owned by the plaintiffs, for an order pursuant to rule 103 of the Rules of Civil Practice of New York, to strike from the amended complaint paragraph 22 thereof; *283the paragraph is said to be redundant, irrelevant and prejudicial to the defendant.

Such a motion may be made in appropriate circumstances, as an incident to an action at law in the state courts.

At the threshold the plaintiffs object to the…