Lumbermens Mutual Casualty Co. v. Babcock & Wilcox Co.

MURRAY, Chief Judge.

The separate motions to dismiss of the defendants Babcock & Wilcox Company and the Clarage Fan Company, together with the briefs in support of, and in opposition to, said motions having been considered by the court, and the court being fully advised in the premises,

Now, therefore, it is ordered and this does order that the said motions are and each of them is, hereby denied, and each of the defendants is granted 20 days within which to further plead.

The first ground of each motion is that the complaint fails to state a claim upon which relief can be granted. Neither…