Mid America Bank and Trust Company v. Small Business Administration et al

Filing 114

ORDER denying 78 motion to strike Signed by District Judge Gary A. Fenner on 8/10/09. (Mitchell, Lisa)

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IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION MID-AMERICA BANK & TRUST COMPANY, ) ) ) Plaintiff, ) ) vs. ) ) MIDDLE AMERICA WIRELESS, LLC, ) and SMALL BUSINESS ) ADMINISTRATION, ) ) Defendants. ) Case No. 08-03336-CV-S-GAF ORDER Presently before the Court is Defendant Middle America Wireless' ("MAW") Motion to Strike Mid-America Bank & Trust Company's ("Mid-America") Affirmative Defenses pursuant to Fed. R. Civ. P. 12(f). (Doc. #78). MAW requests the Court to strike from Mid-America's Answer to MAW's Counterclaim paragraphs 18 through 47 under the heading "Affirmative Defenses," arguing that these paragraphs do not contain defenses or that they are immaterial and irrelevant. Id. Mid-America objects. (Doc. #93). After review and consideration of the paragraphs at issue, it is ORDERED that MAW's Motion to Strike is DENIED. s/ Gary A. Fenner Gary A. Fenner, Judge United States District Court DATED: August 10, 2009

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