Isthmian Steamship Co. v. United States

FREDERICK van PELT BRYAN, District Judge.

The libelant moves to overrule exceptions to a second amended libel which it filed after its first amended libel had been dismissed on exceptions with leave to plead over. See Memorandum of Judge Dawson dated October 3, 1956, D.C., 150 F.Supp. 191. Judge Dawson dismissed the first amended libel, containing a single cause of action, upon the ground that while it purported to allege an account stated, or, as the libelant contended, an open running mutual account, it failed to allege a cause of action on either theory, but alleged merely a series of…