American Mach. & Metals, Inc. v. De Bothezat Impeller Co.

HULBERT, District Judge.

Defendant moves before answer under Rule 12(b), Federal Rules of Civil Procedure, as amended, 28 U.S.C.A., (1) to dismiss the complaint on the ground that it fails to state a claim upon which relief can be granted since there is no actual controversy between the parties; or in the alternative (2) to strike certain language from paragraph 9 of the complaint as immaterial and impertinent under Rule 12(f); and (3) to require a more definite • statement as to a certain portion of paragraph 9 of the complaint.

On August 12, 1947, 75 F.Supp. 421, a judge of this court, on the…