ASSOCIATED PRESS v. KVOS, INC.

No. 1087.

9 F.Supp. 279 (1934)

ASSOCIATED PRESS v. KVOS, Inc.

District Court, W. D. Washington, N. D.

December 18, 1934.


Attorney(s) appearing for the Case

Howard & Kindall, of Bellingham, Wash., for complainant.

Kenneth C. Davis, of Seattle, Wash., and William H. Pemberton, of Olympia, Wash., for defendant.


BOWEN, District Judge (after stating the facts as above).

The rule is that a motion to dismiss in equity must be judged solely by plaintiff's pleadings, and for the purposes of the motion all facts well pleaded are taken as true. The question raised in defendant's motion that in fact the amount in controversy does not exceed the sum of $3,000 is, by that rule, disposed of adversely to the defendant.

The question raised, also, in the motion to dismiss that...

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