Hudepohl Brewing Co. v. Bannister

WYCHE, District Judge.

The matter before me in this controversy is the motion of the defendant to dismiss the action upon the ground that the complaint does not state a claim upon - which relief can be granted. Rule 12(b), Civil Rules of Procedure, 28 U.S.C.A. following section 723c.

The allegations of the complaint pertinent to this motion, are, as follows:

“2. That * * * C. F. Gibson, T. A. Moore, Jr., and W. R. Bannister, the latter being the son of the defendant, * * * caused to be organized * * * a corpo ration known as Colonial Distributing Co., Inc., * * *

“3. That during the month of…