Dubler v. Gilbert

McGOHEY, District Judge.

The defendant moves (a) to dismiss for failure to state a claim upon which relief can be granted, (b) alternatively, “for a more definite statement or bill of particulars,” (c) for security for costs. The plaintiffs having removed to this court an action brought in the New York Supreme Court by this defendant, move for consolidation. The defendant consents. Each party seeks to be plaintiff in the consolidated action.

Plaintiffs are residents of Wohlen, Switzerland, and defendant is a resident of New York. Defendant became plaintiffs’ selling agent in 1937, and during…