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TULLY v. HOWARD

27 F.Supp. 6 (1939)

TULLY v. HOWARD et al.

District Court, S. D. New York.

January 31, 1939.

Attorney(s) appearing for the Case

Max Chopnick, of New York City, for plaintiff.

Phillips & Nizer, of New York City, for defendant Odessco Productions, Inc.

Austin C. Keough, of New York City, for defendant Paramount Pictures, Inc.

HULBERT, District Judge.

It seems to be generally accepted that the one and only application which may be made for a bill of particulars is within twenty days after the service of the pleading to which the application is directed and that particularly no application is permitted, as to the complaint, after issue joined.

According to Moore's Federal Practice, page 654, Rule 12 (e) was designed to avoid any distinction between a motion for a more definite statement...

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