United States v. American Radiator & Standard Sanitary Corp.

DONOVAN, District Judge.

This matter is before the Court on defendants’ motion to dismiss, hearing thereon having been had on June 9, 1953.

This is a motion by the defendants, pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint on the ground that it fails to state a claim. On such a motion, of course, the facts pleaded in the complaint must be accepted as true, and the dismissal warranted only if the complaint makes clear that plaintiff would not be entitled to recover under any discernible circumstances. 1

Plaintiff seeks damages in the sum…