Charles Rubenstein, Inc. v. Columbia Pictures Corp.

JOYCE, District Judge.

This is a motion by plaintiffs to strike the matter asserted as! a counterclaim by defendant Minnesota Amusement Company in its amended answer- and counterclaim on the ground the sanje constitutes an insufficient defense, is immaterial, impertinent and scandalous, and to dismiss the same as failing to state a cause of action. Plaintiffs also move for ¡a more definite and certain statement, such motion being conditioned upon denial of the former motion.

The plaintiffs, partners, and the predecessor corporation before them, owned and operated the Hollywood Theatre in the…