Whetstone v. Michigan Consolidated Gas Co.

Sixth Circuit

Whetstone v. Michigan Consolidated Gas Co.

289 F.2d 494, 1961 U.S. App. LEXIS 4721

CourtCourt of Appeals for the Sixth Circuit

DecidedApril 25, 1961

DocketNo. 14365

StatusPublished

This text of 289 F.2d 494 (Whetstone v. Michigan Consolidated Gas Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Whetstone v. Michigan Consolidated Gas Co., 289 F.2d 494, 1961 U.S. App. LEXIS 4721 (6th Cir. 1961).

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Opinion

ORDER.

" We find no error in the order of the District Court striking the complaints from the files for noncompliance with Rules. 8 and 10 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

Under all the circumstances of the case, we feel that the cause should not ■have been dismissed with prejudice and ¡that appellant should have been granted leave to file a second amended complaint complying with said rules.

• It is therefore ordered that the judg- • mént of - the Dis'triót Court dismissing the cause be vacated and the cause remanded with instructions to grant appellant leave to file her second amended complaint, complying with said rules, within 30 days.

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ORDER.

" We find no error in the order of the District Court striking the complaints from the files for noncompliance with Rules. 8 and 10 of the Federal Rules of Civil Procedure, 28 U.S.C.A.

Under all the circumstances of the case, we feel that the cause should not ■have been dismissed with prejudice and ¡that appellant should have been granted leave to file a second amended complaint complying with said rules.

• It is therefore ordered that the judg- • mént of - the Dis'triót Court dismissing the cause be vacated and the cause remanded with instructions to grant appellant leave to file her second amended complaint, complying with said rules, within 30 days.

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Bluebook (online)

289 F.2d 494, 1961 U.S. App. LEXIS 4721, Counsel Stack Legal Research, https://law.counselstack.com/opinion/whetstone-v-michigan-consolidated-gas-co-ca6-1961.