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KELLOGG SWITCHBOARD & SUPPLY CO. v. NEW YORK TELEPHONE CO.

Nos. 350, 351.

47 F.2d 616 (1931)

KELLOGG SWITCHBOARD & SUPPLY CO. v. NEW YORK TELEPHONE CO. et al. (two cases).

District Court, W. D. New York.

February 13, 1931.

Attorney(s) appearing for the Case

Williams, Bradbury, McCaleb & Hinkle, of Chicago, Ill., for plaintiff.

Charles Neave and William R. Ballard, both of New York City (Thomas R. Wheeler, of Buffalo, N. Y., of counsel), for defendants.

ADLER, District Judge.

This is a motion to dismiss the complaint because of failure to comply with Equity Rule 25.

The relevant provisions of Equity Rule 25 (28 USCA § 723) require that a bill in equity shall contain: "Third, a short and simple statement of the ultimate facts upon which the plaintiff asks relief omitting any mere statement of evidence."

Paragraph 13 of the complaint, after reciting that...

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