Miner v. Commerce Oil Refining Corporation

DAY, District Judge.

This is an action wherein the seventeen plaintiffs seek to recover damages from the defendant for the alleged violation by the defendant of their civil rights and for the alleged malicious use of process and alleged abuse of process. It is the outgrowth of an action instituted by the defendant against the plaintiffs in this Court in February 1957, which action was entitled Commerce Oil Refining Corporation v. Miner et al., C.A. No. 2113, D.C.1959, 170 F.Supp. 396.

Plaintiffs’ complaint contains three counts. The pertinent allegations of Count I may be summarized as follows:…