JONES v. McKESSON & ROBBINS, INC.

Civ. No. 3994.

237 F.Supp. 454 (1965)

Lawrence D. JONES, Plaintiff, v. McKESSON & ROBBINS, INC., Defendant.

United States District Court D. North Dakota, Northeastern Division.

February 1, 1965.


Attorney(s) appearing for the Case

Jerome J. Mack, of Nelson & Mack, Grand Forks, N. D., for plaintiff.

Harold Hager, of Degnan, Hager, McElroy & Lamb, Grand Forks, N. D., for defendant.


RONALD N. DAVIES, District Judge.

The Defendant has moved the Court to dismiss this action or, in the alternative, for judgment on the pleadings. The motion to dismiss was purportedly made under Rule 12(b), Fed.R. Civ.P., but since it was made subsequent to the filing of an answer to the amended complaint, the motion must be treated as one for judgment on the pleadings, Rule 12(c), Fed.R.Civ.P., and the entire motion would...

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