Moore v. C. A. Olsen Mfg. Co.

JONES, District Judge.

On October 5, 1944, defendant filed a motion to strike sub-paragraphs (a) to (j) of Paragraph VI of the plaintiff’s first cause of action, which set forth the reasons assigned by the Government Contracting Officer and the U. S. Area Engineer for the Portland, Oregon, area for the rejection of 116 furnaces fabricated and shipped by defendant at plaintiff’s request to Camp Adair, Oregon, for the reason that they are “irrelevant, immaterial, incompetent and prejudicial.”

Defendant says that the allegations are foreign to plaintiff’s first cause of action for breach of…