Beenken v. Chicago and Northwestern Railroad Co.

ORDER

McMANUS, Chief Judge.

This matter is before the court on defendant Trustees of Penn Central Transportation Company’s resisted motion for their dismissal as defendants, filed November 13, 1973.

Defendant Trustees’ motion for dismissal is apparently based on the defense provided in Fed.R.Civ.P. 12(b)(6), failure to state a claim upon which relief can be granted. In general, the court has broad discretion in ruling on a motion to dismiss, Nayer v. Robertshaw-Fulton Controls Co., 195 F.Supp. 704 (D.C., 1961), but dismissal should only be granted with care in order to avoid improperly denying…