Rosen v. Texas Company

DIMOCK, District Judge.

Defendant moves for orders (1) under Rule 12(b) F.R.Civ.P., to dismiss this action for failure of the complaint to state a claim upon which relief can be granted, and, in the alternative (2) under Rule 12(f), to strike out a certain allegation as redundant, a conclusion of law and scandalous, and (3) under Rule 12 (e), for a more definite statement.

Plaintiff sues for treble damages alleged to have resulted from a violation of the Robinson-Patman Act, 15 U.S.C. § 13. The complaint alleges that plaintiff maintains a gasoline station in Nassau County, that defendant sells…