Barrom v. Roux Laboratories, Inc. , 3 F.R.D. 175 ( 1942 )

COXE, District Judge.

It cannot be said at this time that the challenged allegations of the complaint have no bearing on the subject matter of the action. That is a question which should properly be left to the trial judge to determine when evidence is offered. Motions to strike are not favored, and I cannot see that the defendants will in any way be prejudiced by allowing the allegations to stand.

The motion of the defendants to strike is denied.