(DOWNLOAD) "Carss v. Outboard Marine Corp." by United States Court Of Appeals Fifth Circuit. * Book PDF Kindle ePub Free
eBook details
- Title: Carss v. Outboard Marine Corp.
- Author : United States Court Of Appeals Fifth Circuit.
- Release Date : January 04, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
Three times the plaintiff filed an amended complaint. Each time the Court dismissed it, the last time without leave to amend. The basis is obscure since no opinion was filed, and the motion contained seven grounds running the gamut from the traditional assertion of failure to state a claim, an assertion that the complaint showed affirmatively that the plaintiff was an employee of the defendant and subject to the Workmens Compensation Act of Florida, F.S.A. § 440.01 et seq., that it insufficiently alleged the relationship of the parties, did not show a breach of any existing duty, and, finally, having filed a complaint, an amendment to the complaint, an amended complaint, a second amended complaint and a third amended complaint, enough was enough and no further amendments should be available. As the only possible basis for a final judgment of dismissal is that the complaint did not state a claim upon which relief could be granted, F.R.C.P. 12, 28 U.S.C.A., the parties have treated it here as though this was what the Court did.
 "Carss v. Outboard Marine Corp." by United States Court Of Appeals Fifth Circuit. * Book PDF Kindle ePub Free){kind=link}