Pierce Butler Radiator Corp. v. Luongo

McGRANERY, District Judge.

This case arises on a motion to dismiss the complaint, a motion that should not be granted “ * * * [unless] it appears to a certainty that the plaintiff would not be entitled to relief under any state of facts which could be proved in support of the claim.” See Continental Collieries v. Shober, 3 Cir., 1942, 130 F.2d 631, 635. An examination of the record at this point convinces me that this standard is not met. The facts which the plaintiff will attempt to prove are, briefly, as follows: The plaintiff sold a generator to one Sorrentino, reserving title in itself,…