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NEW YORK CREDIT MEN'S ADJUSTMENT BUR., INC. v. BRU

March 29, 1954

NEW YORK CREDIT MEN'S ADJUSTMENT BUREAU, Inc.
v.
BRUNO-NEW YORK, Inc. et al.



The opinion of the court was delivered by: MCGOHEY

This suit for treble damages under the Clayton Act *fn1" was commenced by the bankrupt prior to adjudication. The trustee having been substituted as plaintiff filed an 'amended and supplemental complaint' to which answers were made. It now moves against those answers as follows:

I.

 to strike the following defenses as insufficient in law, pursuant to Rule 12(f):

 A.

 Set offs based on:

 1.

 goods sold and delivered, as pleaded by Zenith (5);1A Philco (16, 17); Cooper (9); Warren-Connolly (IX); Crosley (6); General Electric (9); Bruno (46-48).

 2. Damages for violation of the Clayton Act, as pleaded by Davega (5-11); Vim (6-13).

 3. Damage to good will and damages for violation of New York Feld-Crawford Act, as pleaded by Bruno (28-45, 49-51).

 B. Unclean hands, as pleaded by Davega (4); and Vim (5).

 C. Three year statute of limitations, as pleaded by Gross (9); and Philco (15).

 II. to dismiss the following counterclaims:

 A. For failure to state claims for which relief can be granted; pursuant to Rule 12(b)(6):

 1. for goods sold and delivered as pleaded by Zenith (8); Philco (16-17); Cooper (9-11); ...


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