GREGOIRE v. BIDDLE

No. 36, Docket 21401.

177 F.2d 579 (1949)

GREGOIRE v. BIDDLE et al.

United States Court of Appeals, Second Circuit.

Decided October 24, 1949.


Attorney(s) appearing for the Case

Gunther Jacobson, New York City, for plaintiff-appellant.

John F. X. McGohey, U.S. Atty., New York City, Harold J. Raby, New York City, Robert Roy Dann, New York City, for defendants-appellees.

Before L. HAND, Chief Judge, and SWAN and CLARK, Circuit Judges.


L. HAND, Chief Judge.

The plaintiff has appealed from a judgment, which dismissed a complaint in two counts because of its "failure to state a claim upon which relief can be granted" — Rule 12(b) (6), Federal Rules of Civil Procedure, 28 U.S.C.A. The first count alleged that the five defendants were two successive Attorneys-General of the United States, two successive Directors of the Enemy Alien Control Unit of the Department of Justice, and the District Director...

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