Myron E. McPherson v. Amalgamated Sugar Company, a Corporation

HEALY, Circuit Judge.

This appeal involves an action in tort, appellant alleging that the loss of his arm was proximately caused by appellee’s negligence and that appellant thereby suffered damages of $338,000.

Prior to answering, appellee under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., moved to dismiss the complaint for failure to state a claim upon which relief could be granted. Appended to this motion were various exhibits and an affidavit by ap-pellee’s attorney. From these exhibits and the affidavit it appears that appellant in 1957 had filed suit against Union…