William T. Griffin, Patrick M. McGinnis C. Newton Kidd and Caroll Rosenbloom v. George D. Locke

This is an appeal from a judgment of the district court dismissing appellants’ complaint.

The pleading in question alleged five separate' causes of action based on fraud which the defendant-appellee attacked with:

(a) Motions to dismiss for failure “to state a claim against defendant upon which relief can be granted”;

(b) Motions to dismiss the first, second, and third causes of action for failure to join indispensable parties;

(c) A motion “to dismiss said Fifth Cause of Action upon the ground that the same is repetitious, prolix, redundant and variously commingles unrelated facts which cannot be properly attacked by motions to strike or motions to dismiss”;

(d) Motions to strike designated allegations from each cause of action;

(e) Motions for a more definite statement in all but the fourth cause of action.

The order of the district court is recorded in the following minute entry:

“It Is Ordered that Defendant’s Motion to Dismiss each cause of action is granted, and that plaintiffs are allowed 30 days in which to amend the complaint.

“It Is Ordered that Defendant’s Motions to Strike and for More Definite Statement be removed from the calenda!'.”

The appellants elected…