The opinion of the court was delivered by: KIRKPATRICK
This action was instituted on September 28, 1938, by the filing of a bill in equity for an injunction under the old practice, but, since the new Rules of Civil Procedure, 28 U.S.C.A. following section 723c, were then in force, the bill will be considered a complaint in a civil action.
The defendants have filed a motion for a bill of particulars.
This complaint states the facts relied upon as a cause of action with sufficient particularity to enable the defendants to answer. In view of the statements made by the plaintiff in his reply brief, the Court will construe the words "generally" in paragraph 16, "universal" in paragraph 18, and "virtual monopoly" in paragraph 23 as referring to the Philadelphia area, a term not requiring further definition.
The complaint does not require further clarification, and the expeditious disposition of the case will not be aided by a dilatory motion which may, and probably will, be duplicated, in effect, by subsequent proceedings.
So far as preparing their case for trial goes, I do not see how these defendants can get anything from a bill of particulars which is not fully available to them through the discovery procedure of the new Rules.
© 1992-2004 VersusLaw ...