(Download) "Berardi v. Pure Oil Corp." by United States Court Of Appeals For The Sixth Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Berardi v. Pure Oil Corp.
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 14, 1972
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 51 KB
Description
Appellants filed a complaint in the District Court that purported to assert three "causes of action." The court dismissed
the complaint for failure to state a claim upon which relief could be granted but allowed appellants leave to amend to cure
defects that the court specifically noted. Appellants then filed an amended complaint, which the court again dismissed for
the reason that appellants had not complied sufficiently with the court's orders and thus had not stated claims upon which
relief could be granted. Pursuant to the court's directions, appellants filed a second amended complaint. This time the court
found that appellants' first "cause of action" did not state a claim upon which relief could be granted and that appellants'
second "cause of action" was defective in the manner twice previously specified. Accordingly, the court dismissed the complaint
with prejudice for failure to state claims upon which relief could be granted and for failure to comply with the court's prior
orders. This appeal followed. Appellants' counsel has conceded in argument upon this appeal that the first "cause of action" did not state a claim upon
which relief could be granted, and we therefore affirm the judgment of the District Court with respect to this part of the
complaint. With respect to the remainder of the complaint, we are hard-pressed to find an abuse of discretion in the court's
dismissal, and do so only because we believe that the interests of justice require that appellants be afforded one more opportunity
to conform their pleadings to the court's orders. Therefore, with respect to the first "cause of action" stated in the complaint,
the judgment of the District Court is affirmed, and with respect to the remainder of the complaint, the judgment of the District
Court is reversed and the case is remanded with directions to allow appellants leave to amend their complaint to conform specifically
to the previous orders of the District Court and to such further requirements as the court in its discretion may direct.