Ahl Bros. Construction Co. v. Sciullo

MARSH, District Judge.

The court has reviewed the pleadings in the light of the briefs and arguments of counsel on defendant Seaboard Surety Company’s motion to dismiss and is of the opinion that the motion should be denied. The law is clear that “ * * * there is no justification for dismissing a complaint for insufficiency of statement, except where 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.” Continental Collieries v. Shober, 3 Cir., 1942, 130 F.2d 631, 635, and see 2 Moore’s Federal…