SHULTZ v. MANUFACTURERS TRADERS TRUST CO., (W.D.N.Y. 1939)

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Docket Number

No. 2279.

Attorney(S)

Jules C. Randal, of Buffalo, N.Y., for plaintiffs. Babcock, Hollister, Brown Newbury, of Buffalo, N.Y., for defendants Manufacturers Traders Trust Co. et al. Dudley, Stowe Sawyer, of Buffalo, N.Y., for defendant Sawyer. Rann, Brown, Sturtevant Kelly, of Buffalo, N.Y., for defendants George. H. Chisholm et al. Larkin, Rathbone Perry, of New York City, and James O. Moore, of Buffalo, N.Y., for other defendants.

Judges

John Knight

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SHULTZ et al. v. MANUFACTURERS TRADERS TRUST CO. et al.

In Equity. Suit by Wyatt D. Shultz and another, as coexecutors, against the Manufacturers Traders Trust Company, individually and as coexecutor, and others, for fraud and conspiracy. On defendants' motion for bill of particulars.

Decree in accordance with opinion.

KNIGHT, District Judge.

Defendants move for a bill of particulars in respect to certain allegations of paragraph XX of the Amended Complaint. It is my opinion that the allegations in question, when considered in connection with the other allegations of the Amended Complaint, are sufficient in "definiteness or particularity" to enable the defendants properly to prepare a "responsive pleading or to prepare for trial." Rule 12(e), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c. These matters with respect to which a bill of particulars is sought may be inquired about through interrogatories. Rule 33 et seq. Federal Rules of Civil Procedure.

SHULTZ et al. v. MANUFACTURERS TRADERS TRUST CO. et al.

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