Nola Electric Co. v. Reilly
District Court, S.D. New York
1Opinion of the Court
RYAN, District Judge.
Defendant, prior to answer, moves to dismiss the amended complaint upon the grounds that the claim pleaded is barred by •the statute of limitations and that it fails to state a claim upon which relief can be granted. Fed.Rules Civ.Proc., 12(b), 28 U.S.C.A.
The original complaint was filed on December 24, 1947- and was served upon defendant on January 20, 1948. The amended complaint was served on February 11, 1948.
Here, Nola Electric Co.,, Inc., a Louisiana corporation, sues John D. Reilly, a resident of this district, seeking judgment in the sum of $300,400.
Defendant; on…
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