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Form 20. Answer Presenting Defenses Under Rule 12 (b)
First Defense
The complaint fails to state a claim against defendant upon which relief can be granted.
Second Defense
If defendant is indebted to plaintiffs for the goods mentioned in the complaint, he is indebted to them jointly with G. H. G. H. is alive; is a citizen of the State of New York and a resident of this district, is subject to the jurisdiction of this court, as to both service of process and venue; can be made a party without depriving this court of jurisdiction of the present parties, and has not been made a party.
Third Defense
Defendant admits the allegation contained in paragraphs 1 and 4 of the complaint; alleges that he is without knowledge or information sufficient to form a belief as to the truth of the allegations contained in paragraph 2 of the complaint; and denies each and every other allegation contained in the complaint.
Fourth Defense
The right of action set forth in the complaint did not accrue within six years next before the commencement of this action.
Counterclaim
(Here set forth any claim as a counterclaim in the manner in which a claim is pleaded in a complaint. No statement of the grounds on which the court’s jurisdiction depends need be made unless the counterclaim requires independent grounds of jurisdiction.)
Cross-Claim Against Defendant M. N.
(Here set forth the claim constituting a cross-claim against defendant M. N. in the manner in which a claim is pleaded in a complaint. The statement of grounds upon which the court’s jurisdiction depends need not be made unless the cross-claim requires independent grounds of jurisdiction.)
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Notes
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Parallel authorities (CFR)
Title 28a RSS
Notes
No Update(s)
Parallel authorities (CFR)
Title 28a RSS
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