United States v. Revere Copper & Brass Co.

COOPER, District Judge.

This is a motion for judgment in favor of plaintiff on the mandate of the U. S. Circuit Court of Appeals, Second Circuit.

Defendant moved to dismiss the first amended complaint on the ground that it appeared on the face thereof that it did not state facts sufficient to constitute a cause of action.

While the motion was pending the plaintiff obtained an order permitting it to file a second amended complaint. Such order provided among other things: “ * * * which amended complaint may be considered in the decision of the motion of defendants for dismissal of the complaint…