Knupfer v. Albertson & Co.

BURKE, District Judge.

The plaintiff sues for an accounting and recovery of royalties which he claims are due him from the defendant under an assignment of a license agreement.

The defendant moves on three grounds to dismiss the complaint for failure to state facts sufficient to constitute a cause of action. The first is disposed of by the filing at the argument of a bill of particulars supplementing the complaint. The second and third were not pressed on the argument. We think there is no merit in them.

The defendant also moves for a bill of particulars pursuant to Rule 12(e) of the Rules of…