Schlenker v. Thorne, Neale & Co.

GALSTON, District Judge.

This is a motion by the defendant “pursuant to Rule 12(a) (2) [Federal Rules of Civil Procedure, 28 U.S.C.A.]” for a more definite statement of matters alleged in certain designated paragraphs of the amended complaint; and pursuant to Rule 12(b) to dismiss the .third cause of action in the amended complaint on the ground that it fails to state a claim upon which relief can be granted. Rules 8(c) and 9(a) are also invoked as to that part of the motion to dismiss, on the grounds respectively that the plaintiff has no capacity to sue and that the cause of action is barred…