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Niagara of Buffalo v. Niagara Mfg. Distrib

United States Court of Appeals, Second Circuit
Dec 31, 1958
262 F.2d 106 (2d Cir. 1958)

Opinion

No. 100, Docket 25214.

Argued December 2, 1958.

Decided December 31, 1958.

Borins Snitzer, Buffalo, N.Y., for plaintiff-appellant.

Jaeckle, Fleischmann, Kelly, Swart Augspurger, Buffalo, N.Y., for defendant-respondent. John B. Walsh, Adelbert Fleischmann and Manly Fleischmann, Buffalo, N.Y., of counsel.

Before SWAN, MEDINA and WATERMAN, Circuit Judges.


This is an action under 15 U.S.C.A. § 15 to recover treble damages for alleged violations of the anti-trust laws. Defendant moved under Rule 12(b), Fed. Rules Civ.Proc. 28 U.S.C.A. to dismiss each count of the amended complaint for failure to state facts sufficient to constitute a cause of action, and for failure to state a claim upon which relief can be granted. The motion was granted and the complaint dismissed.

In his opinion, reported in 161 F. Supp. 849, at page 850, the District Judge stated:

"* * * Preparation of a proper pleading for an anti-trust suit requires a statement of matters and their relation to each other considerably more extensive than in a simple pleading in negligence or on contract.

"* * * the complaint herein might possibly be sufficient in the ordinary commercial case, but it does not allege the acts complained of with sufficient specificity to be a proper complaint in this type of case * * *."

This view of the requisites of a complaint in anti-trust cases is incorrect. Nagler v. Admiral Corporation, 2 Cir., 248 F.2d 319. The motion should have been denied.

Judgment reversed and cause remanded.


Summaries of

Niagara of Buffalo v. Niagara Mfg. Distrib

United States Court of Appeals, Second Circuit
Dec 31, 1958
262 F.2d 106 (2d Cir. 1958)
Case details for

Niagara of Buffalo v. Niagara Mfg. Distrib

Case Details

Full title:NIAGARA OF BUFFALO, Inc., Plaintiff-Appellant, v. NIAGARA MANUFACTURING…

Court:United States Court of Appeals, Second Circuit

Date published: Dec 31, 1958

Citations

262 F.2d 106 (2d Cir. 1958)

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