Fair v. Adams

CARSWELL, Chief Judge.

It is unnecessary to refer to each of the separate grounds asserted on defendant's motion to dismiss plaintiff’s complaint since the Court has determined that the motion is well taken on the specific ground that there is no actual case in controversy between this plaintiff and this defendant.

Assuming all of the allegations of plaintiff’s complaint to be true, the Court cannot glean a justiciable issue which it would be authorized or required to resolve. This is so whether the complaint, as amended, is considered as a prayer for declaratory decree, as alleged, or as any…