Ulen Contracting Corp. v. Tri-County Electric Cooperative

RAYMOND, District Judge.

Subsequent to the motion by defendant for judgment upon the pleadings under Rule 12(c), Rules of Civil Procedure, 28 U.S.C.A. following section 723c, an amended complaint was filed by leave of court. The motion must be disposed of upon the amended pleadings. See Grubbs v. Smith, 6 Cir., 86 F.2d 275; Caterpillar Tractor Co. v. International Harvester Co., 9 Cir., 106 F.2d 769.

It is well settled that a judgment should not be rendered on the pleadings unless the right thereto is clear. Such a motion admits the truth of all well pleaded facts in the pleadings of the…