Legal Opinion

Baird v. Dassau

District Court, S.D. New York

Decided May 6, 1940PublishedCited by 7 opinions

1Opinion of the Court

LEIBELL, District Judge.

Defendant moves for an order dismissing the complaint “on the ground that it fails to comply with Rule 8(a), Subdivision (2), Rule 8(e) and Rule 10(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, in that

“(1) there are combined and intermingled several inconsistent theories of liability within each cause of action;
“(2) there are set forth 48 paragraphs of which only 24 are numbered;
“(3) paragraphs are used which in many cases run over two pages and which include many different and separate allegations which should be stated in separately…

2Cases cited2 opinions

  1. Atwater v. North American Coal CorporationCourt of Appeals for the Second Circuit · 1940
  2. Jacobson v. General Motors CorporationDistrict Court, S.D. New York · 1938

3Cited by7 opinions

  1. Patch v. Stanley WorksCourt of Appeals for the Second Circuit · 1971
  2. Curacao Trading Co. v. William Stake & Co.District Court, S.D. New York · 1941
  3. Mildred A. Patch, Administratrix of the Estate of Parker P. Patch, and Cross-Appellant v. The Stanley Works (Stanley Chemical Company Division) and Thomas Keller, and Cross-Appellees. Joseph A. Soucy v. Thomas Keller and the Stanley WorksCourt of Appeals for the Second Circuit · 1971
  4. Mays v. Scranton City Police DepartmentDistrict Court, M.D. Pennsylvania · 1979
  5. Eidson v. ArenasDistrict Court, M.D. Florida · 1994

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