Goldberg v. Amalgamated Local Union No. 355

MISHLER, District Judge.

Motion by plaintiff to strike out affirmative defense pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C.A., i. e., that the affirmative defense is insufficient in law or immaterial, impertinent or redundant.

This action is brought by the Secretary of Labor against defendant local labor organization, pursuant to Section 402(b) of the Labor-Management Reporting and Disclosure Act of 1959 (LMRDA), 73 Stat. 534, 29 U.S.C.A. § 482(b).1 The claim states that there is probable cause to believe that in violation of Sections 401(b) and 401(e) of the LMRDA2…