DENNIS v. VILLAGE OF TONKA BAY

Civ. No. 1391.

64 F.Supp. 214 (1946)

DENNIS et ux. v. VILLAGE OF TONKA BAY et al.

District Court, D. Minnesota, Fourth Division.

January 21, 1946.


Attorney(s) appearing for the Case

F. A. Whiteley, of Minneapolis, Minn., for plaintiffs.

Ernest Malmberg, of Minneapolis, Minn. (Malmberg & Nelson, of Minneapolis, Minn., of counsel), for defendants.


NORDBYE, District Judge.

This proceeding was before the Circuit Court of Appeals in Dennis v. Village of Tonka Bay, 8 Cir., 151 F.2d 411, 412, wherein it was held that error was committed by the trial court in dismissing the complaint. The court held that "there is no justification for dismissing a complaint for insufficiency of statement unless it appears to a certainty that the plaintiff would be entitled to no relief under any...

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