Columbia Casualty Co. v. Westmoreland County

GIBSON, District Judge.

This matter was before this court before, and the court, on December 13, 1943, 52 F.Supp. 788, ordered that the complaint be dismissed because it failed to set forth a cause of action upon which relief could be granted. Later counsel for the complainant filed a motion to amend the complaint, and to avert any technical question in relation thereto the court vacated the order of dismissal.

The essential facts, as they appeared to the court when the matter was first heard, appear in the opinion filed witli the order of December 13, 1943. The amendment, so far as it is…