Wilhide v. Keystone Insurance Company

FOLLMER, District Judge.

This matter is presently before the Court on motion of defendant to dismiss for the following reasons:

1. Lack of jurisdiction over the subject matter.

2. Lack of jurisdiction over the person of the plaintiff.

3. Failure to state a claim upon which relief can be granted.

4. Failure to join Warehousing and Equipment Corporation, assured, as an indispensible party.

This being a motion to dismiss based on the insufficiency of the com plaint to set forth a cause of action, the facts averred in the complaint must be taken as admitted. 2 Moore’s Fed. Practice, 2d Ed., H 12.08.…