Legal Opinion

Harper Feed Miles, Inc. v. American Guarantee & Liability Ins.

District Court, W.D. New York

Decided May 26, 1954No. Civ. No. 6174Published

1Opinion of the Court

KNIGHT, Chief Judge.

Defendant has moved under Rule 12 '(e) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for an order requiring plaintiff to make its complaint more definite and certain.

The notice bringing on the motion states that the complaint is so vague and ambiguous that defendant cannot reasonably be required to frame its answer for the reasons that the terms of the bond, copy of which is attached to and made a part of the complaint, have not been performed by plaintiff; that plaintiff without designating the persons, whose names were struck from paragraph 12 of the complaint…

2Cases cited5 opinions

  1. Hartman Electrical Mfg. Co. v. Prime Mfg. Co.District Court, E.D. Wisconsin · 1949
  2. Montgomery v. KingslandCourt of Appeals for the D.C. Circuit · 1948
  3. Maryland Casualty Co. v. KellyDistrict Court, E.D. Pennsylvania · 1943
  4. Automatic Washer Co. v. Easy Washing Mach. Corp.District Court, N.D. New York · 1949
  5. Cox v. DohertyDistrict Court, S.D. California · 1941

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