Catanzaritti v. Bianco

WATSON, District Judge.

This case is before the Court upon Defendant’s motion to dismiss the action for the reasons that the'Plaintiffs have a complete and adequate remedy at law, and that the amount in controversy is less than $3,000.

Although this action was begun as a suit in equity before the Rules of Civil Procedure were in effect, it must now be viewed as a civil action in which the Plaintiffs ask for remedies formerly obtainable only in a court of equity. Federal Rule 86, 28 U.S.C.A. following section 723c, provides that the Rules of Civil Procedure shall apply to all pending actions…