Tarbet v. Thorpe

SCHOONMAKER, District Judge.

This case comes to court on motion of defendant for a more specific statement of claim. The case originated in the Court of Common Pleas of Erie County, Pennsylvania, and was removed to this. Court by reason of diversity of citizenship. The defendant’s motion was filed August 9, 1938, and a rule to show cause was granted, which came on for argument since the effective date of the “Rules of Civil Procedure for the District Courts of the United States.” We therefore construe de*223fendant’s motion as a motion for a bill of particulars under the provisions of Rule 12(e)…