Clarke v. American Press Ass'n

Motion by the answering defendants to dismiss the complaint for insufficiency. This motion is made after the service of the answer and will be treated as a motion for judgment on the pleadings under rule 112 of the Rules of Civil Practice. Assuming that the facts alleged in the complaint are true, the plaintiff as a matter of law is not entitled to any declaratory' judgment as prayed for, nor to any relief, either at equity or in law, against the answering defendants. This is an action brought by plaintiff as .a dissenting stockholder. He asks for: (1) A declaratory judgment that certain acts…