Atwater v. North American Coal Corp.

CONGER, District Judge.

This is a motion by the defendant corporation (1) to dismiss the first count of the second amended complaint on the ground that it fails to state a claim on which relief can be granted; (2) to dismiss the second, third and fourth counts on the same ground and on the further ground that the Estate of Frank E. Taplin, deceased, is an indispensable party without which the court cannot proceed to judgment.

Defendants Edith S. Taplin and Otto C. Larsen, as successor trustees, move to dismiss counts two and three of the second amended complaint and present the same objections…