Mary L. Nicol and Frances Nicol McKone v. National Savings & Trust Company, Estate of Frederick E. Johnston, Deceased
Mary L. NICOL and Frances Nicol McKone, Appellants, v. NATIONAL SAVINGS & TRUST COMPANY, Executor, Estate of Frederick E. Johnston, Deceased, Appellee
Opinion
PER CURIAM.
After our remand in Nicol v. Baird, 98 U.S.App.D.C. 256 , 234 F.2d 691 , the District Court twice allowed the plaintiffs to amend their complaint. The defendants moved to dismiss the second amended complaint, as they had the previous complaints, for failure to comply with Rule 8(a), F.R.Civ.P., [28 U.S.C.A.] which requires “a short and plain statement of the claim showing that the pleader is entitled to relief”, and Rule 8(e) (1), which requires that “Each averment of a pleading shall be simple, concise, and direct.” The District Court dismissed the complaint, with prejudice, and the plaintiffs appeal. We find no error. We cannot discover what claim the complaint is intended to make.
Affirmed.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(affirming a district court’s dismissal of a complaint for failure to comply with FRCP 8(a))
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(affirming a district court’s dismissal of a complaint under Rule 8(a) because “[w]e cannot discover what claim the complaint is intended to make”)
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