Legal Opinion

Jules Michael v. Clark Equipment Company, Clark Leasing Corporation and Clark Rental Corporation

Court of Appeals for the Second Circuit

Decided July 13, 1967No. 488, Docket 31219PublishedCited by 24 opinions

1Opinion of the Court

HAYS, Circuit Judge:

This is an appeal from an order dismissing plaintiff’s complaint. Two grounds were given by the district court for its action: (1) failure of the plaintiff to plead fraud with sufficient particularity to satisfy the requirements of Rule 9(b) of the Federal Rules of Civil Procedure 1 and (2) failure of plaintiff to comply with an order of the court to set *352forth his causes of action clearly. (See Fed.Rules of Civ.Proc. 41(b)).(1) Our examination of the complaint leads us to conclude that the allegations of fraud are sufficient to meet the requirements of Rule 9(b). It…

2Cases cited2 opinions

  1. Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
  2. Julius Nagler v. Admiral CorporationCourt of Appeals for the Second Circuit · 1957

3Cited by24 opinions

  1. Heit v. WeitzenCourt of Appeals for the Second Circuit · 1968
  2. M. S. v. WermersCourt of Appeals for the Eighth Circuit · 1977
  3. Brandt v. Hicks, Muse & Co. (In Re Healthco International, Inc.)United States Bankruptcy Court, D. Massachusetts · 1996
  4. Elisha D. Hack v. The President And Fellows Of Yale CollegeCourt of Appeals for the Second Circuit · 2000
  5. Citibank N. A. v. Friedenberg (In Re Friedenberg)United States Bankruptcy Court, S.D. New York · 1981

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