Goldberg v. Warner Bros. Pictures, Inc.

NIELDS, District Judge.

Warner Bros. Pictures, Inc., moves that the bill of complaint be dismissed for failing to meet the requirements of Equity Rule 25 (28 USCA § 723). That rule requires the stating part of a bill to be “a. short and simple statement of the ultimate facts upon which the plaintiff asks relief, omitting any mere statement of evidence.”

In the eighty typed pages of - plaintiff’s bill there are extended recitals of what pur*331ports to be evidence of every sort of corporate mismanagement and abuse. At most these recitals are averments of evidentiary facts and not of ultimate facts,…