1 F.R.D. 554 | D. Minnesota | 1941
I am unable to determine the real claim attempted to be pleaded by the plaintiff. It is not clear whether it is based on fraud or breach of contract, or both. Although great liberality is allowed in pleading under the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and it is permissible that a party set forth' two or more statements of claim, either alternatively or hypothetically, in one count or in separate counts, Rule 8(e) (2), Federal Rules of Civil Procedure, nevertheless,
The motion of the defendants to strike the amended complaint is granted, with leave, however, to the plaintiff to serve a second amended complaint within ten days from the date of the service of this order.
The other parts of the defendants’ motion need not be considered.
Dated this 28th day of January, 1941.