Legal Opinion
Netter v. Ashland Paper Mills, Inc.
District Court, S.D. New York
Decided June 28, 1956PublishedCited by 8 opinions
1Opinion of the Court
DIMOCK, District Judge.
Defendants make two motions: (1) to dismiss the complaint; and (2) to vacate plaintiffs’ notice to take defendants’ deposition.
The motion to dismiss was addressed to plaintiffs' original complaint. Plaintiffs have served an amended complaint pursuant to Rule 15(a), F.R.C.P., 28 U.S.C., which permits an amendment as a matter of course where, as here, no responsive pleading has been served. This amended complaint alters all of the original complaint except the second cause of action. I can therefore decide the motion to dismiss at this time only in so far as it is…
2Cases cited2 opinions
- Grossman v. YoungDistrict Court, S.D. New York · 1947
- Caribbean Const. Corp. v. Kennedy Van Saun Mfg. & Eng. Corp.District Court, S.D. New York · 1952
3Cited by8 opinions
- Waters v. Superior CourtCalifornia Supreme Court · 1962
- In re the Royal BankDistrict Court, S.D. New York · 1963
- Gleason v. McBrideDistrict Court, S.D. New York · 1988
- Hoffler v. WheelerDistrict of Columbia Court of Appeals · 1962
- Westerman v. GrowDistrict Court, S.D. New York · 1961
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