Ripperger v. Schroder-Rockefeller & Co.

LEIBELL, District Judge.

This is a motion by the defendant to dismiss an amended complaint on the ground that it fails to state a claim upon which relief can be granted, Rule 12 (b) (6), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c; in the alternative, for a more definite statement of the cause of action or a bill of particulars, Rule 12 (e), F.R.C.P.

In an opinion dated May 1, 1940, 37 F.Supp. 373, Judge Goddard dismissed the original complaint as against this defendant on the ground that all the alleged wrongful acts occurred on or before May 21, 1936, and…