Refrigeration Discount Corp. v. Freiberg

CLARY, District Judge.

The motion presently before the Court for disposition is entitled “Motion to Dismiss”. However, the content of the motion indicates that it was intended as and counsel for the defendants has asked the Court to consider it as a “Motion for More Definite Statement” under Rule 12 (e) of the Federal Rules of Civil Procedure, 28 U.S.C.A.

The first reason advanced in the motion would not, in any event, warrant a dismissal of the action. However, the second reason assigned that the complaint fails to set forth with sufficient definiteness and particularity a claim to which the…