Legal Opinion

United States v. Long

District Court, D. Nebraska

Decided July 24, 1950No. Civ. No. 146PublishedCited by 8 opinions

1Opinion of the Court

DELEHANT, District Judge.

The plaintiff has moved to strike from the files, for its asserted disregard of Rule 8(b), Federal Rules of Civil Procedure, 28 U.S.C.A., the answer of the defendant, which is a general denial made in a single sentence.

The material portion of Rule 8(b) follows : “A party shall state in short and plain terms his defenses to each claim asserted and shall admit or deny the aver-ments upon which the adverse party relies. * * * When a pleader intends in good faith to deny only a part or a qualification of an averment, he shall specify so much of it as is true and material…

2Cited by8 opinions

  1. Fink v. PowsnerDistrict Court of Appeal of Florida · 1958
  2. Murchison v. KirbyDistrict Court, S.D. New York · 1961
  3. Zielinski v. Philadelphia Piers, Inc.District Court, E.D. Pennsylvania · 1956
  4. Mark Leach Health Furniture Co. v. ThalDistrict Court of Appeal of Florida · 1962
  5. U. S. Merchandise Mart, Inc. v. D & H Distributing Co.District of Columbia Court of Appeals · 1971

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