Baush Mach. Tool Co. v. Aluminum Co. of America

THOMAS, District Judge.

This matter is now before the court on plaintiff’s motion to strike out defendant’s answer. This suit is a bill of discovery in aid of an action at law now pending in this court between the same parties. After the bill was filed and prior to the interposition of the an*587swer, tlie defendant filed its motion to dismiss the hill upon various grounds assigned in the said motion which attacked the sufficiency of the bill and challenged the jurisdiction of the court. As the record will show, by memorandum of decision on lile, that motion was denied and thereupon the defendant…