Frankel v. Styer

KRAFT, District Judge.

This action is before us on defendant’s motion to dismiss the plaintiff’s action, or, in the alternative, plaintiff’s amended complaint.

While we have no wish to appear unduly critical, we note that the amended complaint has been drawn with little regard for the Rules of Civil Procedure relating to pleadings. For example, the complaint is captioned “Complaint in Trespass.” We call attention to Fed. Rules Civ.Proc. 2, 28 U.S.C.A.: “There shall be one form of action to be known as ‘civil action’ ”. With regard to the substance of the amended complaint, it is only after…