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CARROLL v. MORRISON HOTEL CORPORATION

No. 8592.

149 F.2d 404 (1945)

CARROLL et al. v. MORRISON HOTEL CORPORATION et al.

Circuit Court of Appeals, Seventh Circuit.

May 15, 1945.

Attorney(s) appearing for the Case

Austin L. Wyman and Daniel P. Nagle, both of Chicago, Ill., for appellants.

Joseph B. Fleming, J. Roy Browning, and Joseph H. Pleck, all of Chicago, Ill., for appellees.

Before MAJOR, KERNER, and MINTON, Circuit Judges.

KERNER, Circuit Judge.

Plaintiff1 sued defendants to recover damages for breach of a contract. Jurisdiction rests upon diversity of citizenship and the requisite amount in controversy. The District Court on motion of defendants under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, dismissed the complaint as amended, for failure to state a claim upon which relief could be granted.

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