Aley v. Great Atlantic & Pacific Tea Co.

JOHN W. OLIVER, District Judge.

This action, removed from the Circuit Court of Jackson County, Missouri, at Kansas City, is one for false arrest and false imprisonment.

Defendant filed an amended answer in which it alleged that: “one of its employees had observed plaintiff take merchandise from defendant’s store in Mary-ville, Missouri, without payment therefor on an occasion prior to November 18, 1960”.

November 18, 1960 was the date of the alleged false arrest. Defendant filed a motion to strike the quoted portion of defendant’s answer.

Defendant, in its initial suggestions in opposition to…