Legal Opinion

Cold Guard Corp. v. Republic Aluminum Co.

District Court, S.D. New York

Decided May 26, 1965PublishedCited by 1 opinion

1Opinion of the Court

TENNEY, District Judge.

The defendant moves herein (1) to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, and (2) in the alternative for a more definite statement in six separate respects, pursuant to Rule 12(e) of the Federal Rules of Civil Procedure.

Plaintiff is suing for treble damages alleged to have resulted from a violation of Section 2 of the Robinson-Pat-man Act, 15 U.S.C. § 13. The complaint alleges that the plaintiff now is and at all the times set forth in the…

2Cases cited10 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Julius Nagler v. Admiral CorporationCourt of Appeals for the Second Circuit · 1957
  3. Package Closure Corporation v. Sealright Co.Court of Appeals for the Second Circuit · 1944
  4. Hartley & Parker, Inc. v. Florida Beverage Corporation and American Distilling CompanyCourt of Appeals for the Fifth Circuit · 1962
  5. Rosen v. Texas CompanyDistrict Court, S.D. New York · 1958

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3Cited by1 opinion

  1. Sam S. Goldstein Industries, Inc. v. Botany Industries, Inc.District Court, S.D. New York · 1969

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