Bowles

Plaintiff’s complaint alleges that defendant is liable for treble damages in the sum of $55,734.96 for violations of Section 4(a) of the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix § 904(a).

Defendant moved to dismiss on the ground that said complaint fails to state a claim against it upon which relief can be granted. It also made a motion for a more definite statement of the nature of the allegations, and for a bill of particulars.

While the allegations are quite general, they are adequate to comply with the requirements of Rules 8(a) and 8(e) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

This Court had occasion recently to analyze a similar complaint in Bowles v. Flotill Products, 4 F.R.D. 499 . Reference is hereby made to the opinion filed therein on September 21, 1945.

The Court believes that, in this case, as in that one, the motion for a bill of particulars should be granted. Paragraph IV of the complaint reads: “That within one year last past defendant sold and delivered frozen berries, including blackberries, boysenberries and youngberries, packed in containers other than barrels, the maximum prices for which said sales and…