Medusa Portland Cement Co. v. Pearl Assur. Co.

JONES, District Judge.

Plaintiff’s amended complaint sets up a-claim for $70,523 on an insurance policy issued to plaintiff by Pearl Assurance Company, Ltd., for a three year term beginning November 1, 1942. The loss resulted-from* an .explosion in an economizer in the *333plaintiff’s plant at Silica, Ohio, on January 25, 1944.

Defendant has filed three motions attacking the amended complaint: (1) amotion under Federal Rules of Civil Procedure, rule 12(b) (6), 28 U.S.C.A. following section 723c, to dismiss the amended complaint for failure to state a claim upon which relief can be granted; (2) an…