Legal Opinion

Moore v. Central R.

Court of Appeals for the Second Circuit

Decided November 21, 1950No. 41, Docket 21734PublishedCited by 1 opinion

1Opinion of the Court

FRANK, Circuit Judge.

The complaint, although inartificially worded, shows that the plaintiff in his complaint intended to assert rights against the defendant under (1) the Federal Employers’ Liability Act, 45 U.S.C.A. § 51 et seq., ánd (2) the order directing the defendant to assume unpaid Habilites incurred by the trustee.2 We think the complaint sufficiently states a claim under Federal Rules of Civil Procedure 8(a), 28 U.S.C.A.,3 provided the court had jurisdiction.

Defendant argues that, taking the complaint as explicitly alleging reliance on F. E. L. A., nevertheless the court lacked…

2Cases cited9 opinions

  1. Gully v. First Nat. Bank in MeridianSupreme Court of the United States · 1936
  2. Skelly Oil Co. v. Phillips Petroleum Co.Supreme Court of the United States · 1950
  3. Dioguardi v. DurningCourt of Appeals for the Second Circuit · 1944
  4. Puerto Rico v. Russell & Co.Supreme Court of the United States · 1933
  5. Shoshone Mining Co. v. RutterSupreme Court of the United States · 1900

4 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Moore v. Central R. Co. Of New JerseyCourt of Appeals for the Second Circuit · 1950

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