FRANKEL v. STYER

Civ. A. No. 29710.

201 F.Supp. 726 (1962)

Alvin H. FRANKEL, as guardian of the Estate of Joseph, Michael, Thomas and Maureen Burgoyne, minors and trustee ad litem v. Walter R. STYER, trading as Styer Refrigerator Body Co.

United States District Court E. D. Pennsylvania.

January 10, 1962.


Attorney(s) appearing for the Case

Irving J. Katz, Philadelphia, Pa., for plaintiff.

Elston C. Cole, Philadelphia, Pa., for defendant.


KRAFT, District Judge.

This action is before us on defendant's motion to dismiss the plaintiff's action, or, in the alternative, plaintiff's amended complaint.

While we have no wish to appear unduly critical, we note that the amended complaint has been drawn with little regard for the Rules of Civil Procedure relating to pleadings. For example, the complaint is captioned "Complaint in Trespass." We call attention to Fed. Rules Civ.Proc. 2, 28 U.S.C.A.: "There...

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