Kuenzell

This is an action against the United States of America to recover damages for the alleged wrongful entering upon plaintiffs’ lands and the alleged wrongful tak *98 ing of plaintiffs’ timber. Jurisdiction has been conferred on this Court by Private Law 452, 84th Congress, 1st Session, Chapter 823, 69 U.S.Statutes at Large, A 154. Defendant has filed a motion for a more definite statement pursuant to Rule 12(e) of the Federal Rules of Civil Procedure, 28 U.S.C.A., and this motion has been submitted for decision at this time.

Preliminarily, certain general rules relating to the use of the motion for more definite statement should be set forth as a general guide.

The motion is made available to a defendant only where the plaintiff’s complaint is so vague and ambiguous that the defendant cannot frame a responsive pleading, McBeath v. Pierce, D. C., 13 F.R.D. 143 ; 2 Moore’s Federal Practice, § 12.18; 1 Barron & Holtzoff, Federal Practice and Procedure, § 362. The motion is not to be used as a substitute for the discovery and deposition procedure set forth in Chapter V of the Federal Rules of Civil Procedure; that is, it is improper to seek to utilize the motion for a more definite…