William T. Griffin, Patrick M. McGinnis C. Newton Kidd and Caroll Rosenbloom v. George D. Locke

KOELSCH, Circuit Judge.

This is an appeal from a judgment of the district court dismissing appellants’ complaint.

The pleading in question alleged five separate' causes of action based on fraud which the defendant-appellee attacked with:(a) Motions to dismiss for failure “to state a claim against defendant upon which relief can be granted”;(b) Motions to dismiss the first, second, and third causes of action for failure to join indispensable parties;(c) A motion “to dismiss said Fifth Cause of Action upon the ground that the same is repetitious, prolix, redundant and variously commingles…