The Court is impressed that same can be determined by a motion main by the plaintiff which would raise the legal sufficiency of the avoidance pleaded, F.R.C.P., rule 12(f), or same could be determined by motion of defendants for judgment on the pleadings. F.R.C.P., rule 12(c). If the determination of facts are necessary for the decision, such facts can be developed as suggested in United States v. Ascher, D.C., 41 F.Supp. 895, at page 897.