Sopkin v. Missouri National Life Insurance

BECKER, District Judge.

This cause is before the Court on plaintiff’s motion for a more definite statement of defendant’s counterclaim. Plaintiff’s principal contention is that defendant’s counterclaim is so vague and am*985biguous that plaintiff cannot determine whether it sounds in contract or tort.

A similar motion by the defendant for a more definite statement of plaintiff’s claim was overruled by this Court’s order filed March 14, 1963. The same principles applied in overruling that motion require denial of this motion.

The cause of action — theory of the case doctrine has no application under…