Legal Opinion

Teiger v. Stephan Oderwald, Inc.

District Court, S.D. New York

Decided January 4, 1940PublishedCited by 11 opinions

1Opinion of the Court

LEIBELL, District Judge.

Plaintiff moves under Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, to strike out the first, second, third, fourth, fifth' and sixth affirmative defenses set forth in the answer of one of the defendants, Tallack Heilman, Inc., on the grounds that said defenses are not sufficient as a matter of law and are immaterial and redundant. Said defendant makes a cross-motion for an order permitting it to amend its answer so as to set up the defense of laches.

The complaint, by a trustee in bankruptcy, asserts two causes of action, under…

2Cases cited6 opinions

  1. Palmer Clay Products Co. v. BrownSupreme Court of the United States · 1936
  2. Fairbanks Steam Shovel Company v. Wills, Trustee in Bankruptcy of Federal Contracting CompanySupreme Court of the United States · 1915
  3. Bronx Brass Foundry, Inc. v. Irving Trust Co.Supreme Court of the United States · 1936
  4. In Re Gustav Schaefer Co.Court of Appeals for the Sixth Circuit · 1939
  5. Huttig Mfg. Co. v. EdwardsCourt of Appeals for the Eighth Circuit · 1908

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. DuVoisin v. Anderson (In Re Southern Industrial Banking Corp.)United States Bankruptcy Court, E.D. Tennessee · 1986
  2. Schenley Distillers Corporation v. RenkenDistrict Court, E.D. South Carolina · 1940
  3. Harvey Hooper Lobsters Ltd. v. Best Pack Seafoods, Inc. (In Re Best Pack Seafoods, Inc.)United States Bankruptcy Court, D. Maine · 1983
  4. Seidle v. Kwik Copy, Inc. (In Re Belize Airways Ltd.)United States Bankruptcy Court, S.D. Florida. · 1982
  5. Liquidation Committee v. Binsky & Snyder, Inc. (In Re J.A. Jones, Inc.)United States Bankruptcy Court, W.D. North Carolina · 2007

6 more not listed; retrieve them via the Exa API.

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