Cole v. Riss & Co.

WHITTAKER, District Judge.

This matter is now before me upon defendant’s motion, under Rule 12(f), Fed.Rules Civ.Proc. 28 U.S.C.A., to strike Counts I and II from, and for a more definite statement, under Rule 12(e), of plaintiff’s second amended complaint.

Understanding of these matters will require a brief summarization of the second amended complaint. Omitting formal and jurisdictional matter, and reduced to essence, it says that plaintiff and those whom he represents (hereinafter called plaintiff), issued a fidelity bond to defendant, No. 77380, which was effective from March 1,1947, to…