Statler v. Babcock

McVICAR, District Judge.

This action is before us on defendants’ motion to dismiss the action under Rule 12(b) of Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

There are two actions pending in this court by the same plaintiff against the same defendants: the above action and another at No. 5125, in which the facts alleged are substantially the same. Two other actions by the same plaintiff against the same defendants were voluntarily dismissed on behalf of the plaintiff.

The complaint in this action does not comply, in many respects, with the Federal Rules of Civil…