Nichols v. United States Fidelity & Guaranty Co.

MEMORANDUM OPINION

ORMA R. SMITH, District Judge.

This action is before the Court on motions to dismiss for failure to state a claim upon which relief can be granted, filed by defendants herein, each having filed a separate motion.

*335The Court has received briefs and oral arguments of counsel and the issue is now ripe for decision.

A motion to dismiss for failure to state a claim upon which relief can be granted serves as a common law general demurrer. Fowler v. Southern Bell Telephone & Telegraph Company et al., 5 Cir. 1965, 343 F.2d 150. Such motions should not be granted unless the Court can say…