Rose v. Rose

HOLMES, Circuit Judge.

This appeal is from a judgment sustaining a motion to dismiss the complaint for failure to state a claim upon which relief could be granted. Such motion admitted all of the well-pleaded facts.

The complaint alleges that appellant was a partner of one of the defendants in the retail jewelry business, and that he received notice in 1942 to report for induction into the armed forces of the United States; that the defendants and each of them “thereupon agreed, conspired, and confederated together to oust plaintiff from his partnership” and wrongfully to force him to transfer…