Legal Opinion
American TCP Corporation v. Shell Oil Company
District Court, S.D. New York
Decided January 10, 1955Published
1Opinion of the Court
BICKS, District Judge.
At issue is defendant Shell Oil Company’s motion under Rule 12(f), F. R.Civ.Proc., 28 U.S.C.A., to strike as “immaterial and impertinent” several allegations of a complaint by American TCP Corporation. Such “motions”, the law seems settled, “are not favored. Matter will not be stricken from a pleading unless it is clear that it can have no possible bearing upon the subject matter of the litigation. If there is any doubt as to whether under any contingency the matter may raise an.issue, the motion should be denied”. 2 Moore’s Fed. Prac., 2d Ed. [1948] § 1221, pp.…
2Cases cited11 opinions
- United States v. Aluminum Co. of AmericaCourt of Appeals for the Second Circuit · 1945
- United States v. GriffithSupreme Court of the United States · 1948
- Kobe, Inc. v. Dempsey Pump Co. Dempsey Pump Co. v. Kobe, Inc.Court of Appeals for the Tenth Circuit · 1952
- Shotkin v. General Electric Co.Court of Appeals for the Tenth Circuit · 1948
- Samuel Goldwyn, Inc. v. United Artists CorporationDistrict Court, S.D. New York · 1940
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