Legal Opinion
Howell v. Gray
District Court, D. Nebraska
Decided April 18, 1950No. Civ. No. 52-49PublishedCited by 4 opinions
1Opinion of the Court
DELEHANT, District Judge.
Promptly after the entry of the court’s order of October 26, 1949, 9 F.R.D. 544, the plaintiff served and filed an amended complaint against the sole remaining defendant Robert Stutz, who seasonably tendered a consolidated motion (a) to dismiss, (b) to strike, and (c) for more definite statement. Oral argument has been heard on the motion, and briefs, limited to the motion to dismiss, have been submitted and considered.
The motion to dismiss must be denied.
Insofar as it is based upon the alleged failure of the amended complaint to state a claim on which relief can 'be…
2Cases cited4 opinions
- Picking v. Pennsylvania R. Co.Court of Appeals for the Third Circuit · 1945
- Yoder v. Nu-Enamel CorporationCourt of Appeals for the Eighth Circuit · 1941
- Bosteder v. DulingNebraska Supreme Court · 1927
- Howell v. GrayDistrict Court, D. Nebraska · 1949
3Cited by4 opinions
- Marquardt-Glenn Corp. v. Lumelite Corp.District Court, S.D. New York · 1951
- Gas Consumers Ass'n v. Philadelphia Gas Works Co.District Court, E.D. Pennsylvania · 1951
- First Trust & Sav. Bank v. Fidelity-Philadelphia Trust Co.District Court, E.D. Pennsylvania · 1951
- Schwartz v. District Court of Puerto RicoSupreme Court of Puerto Rico · 1952