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UNITED STATES v. AMERICAN RADIATOR & STAND. SAN. CORP.

Civ. No. 2387.

115 F.Supp. 422 (1953)

UNITED STATES v. AMERICAN RADIATOR & STANDARD SANITARY CORP. et al.

United States District Court D. Minnesota, Third Division.

September 28, 1953.

Attorney(s) appearing for the Case

George E. MacKinnon, U. S. Atty., Richard W. Johnson, Sp. Asst. U. S. Atty., Clifford Janes, Asst. U. S. Atty., St. Paul, Minn., for plaintiff.

Cleon Headley and David W. Raudenbush (of Morgan, Headley, Raudenbush & Morgan), St. Paul, Minn., for defendants.

DONOVAN, District Judge.

This matter is before the Court on defendants' motion to dismiss, hearing thereon having been had on June 9, 1953.

This is a motion by the defendants, pursuant to Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S. C.A., to dismiss the complaint on the ground that it fails to state a claim. On such a motion, of course, the facts pleaded in the complaint must be accepted as true, and the dismissal warranted only if the complaint...

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