D.D. Investors, Inc. v. Sherwin-Williams Co., Inc.

Good Law
5 F.3d 535·1993 WL 312753·1993 U.S. App. LEXIS 30785
United States Court of Appeals for the Ninth CircuitAugust 18, 199392-55375California553 words

Opinion

Opinion

5 F.3d 535 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. D.D. INVESTORS, INC., d/b/a Production Shop Specialists, Plaintiff-Appellant, v. SHERWIN-WILLIAMS COMPANY, INC.; Norton Company, d/b/a Carborumdum Abrasives Company; Maaco Enterprises, Inc., d/b/a King of Prussia; P.B.E. Warehouse, Defendants-Appellees. No. 92-55375. United States Court of Appeals, Ninth Circuit. Argued and Submitted Aug. 5, 1993. Decided Aug. 18, 1993. 1 Before: BROWNING, FARRIS and KELLY, * Circuit Judges. 2 MEMORANDUM ** 3 We affirm the district court's dismissal of the complaint for failure to comply with Rule 12(b)(6). While "the Federal Rules of Civil Procedure do not require a claimant to set out in detail the facts upon which he bases his claim," Conley v. Gibson, 355 U.S. 41, 47 (1957), "conclusory allegations without more are insufficient to defeat a motion to dismiss for failure to state a claim." McGlinchy v. Shell Chemical Co., 845 F.2d 802, 810 (9th Cir.1988). 4 Plaintiff has not…

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