Digby v. Denner

We are considering the propriety of the action of the trial court in granting a motion to dismiss for failure to state a claim. This motion was addressed to the third counterclaim in which W. J. Digby, Inc., sued for damages alleged to have resulted from certain conspiratorial acts of Denner and Baldwin and other individuals, together with the labor organization acting through its agents and members.

Much reliance for sustaining the trial court is placed on the opinion of Mr. Justice White in the recent case of Atkinson v. Sinclair Refining Co., 370 U.S. 238, 82 S.Ct. 1318, 82 L.Ed.2d 462. I…