U.S. Court of Appeals for the D.C. Circuit, 1957

Mary L. Nicol and Frances Nicol McKone v. National Savings & Trust Company, Estate of Frederick E. Johnston, Deceased

U.S. Court of Appeals for the D.C. Circuit · Decided December 10, 1957 · Edgekton, Per Curiam, Prettyman, Washington

250 F.2d 36 (Federal Reporter, Second Series)

Counsel

Miss Jessie P. Grandy, Washington, D. C., for appellants., Mr. David C. Bastían, Washington, D. C., with whom Messrs. Arthur P. Drury, John M. Lynham and John E. Powell, Washington, D. C., were on the brief, for appellee.

Cases that cite this one

5 later published cases cite this decision.

Jones v. Rivera (District Court, District of Columbia 2023)
Brown v. Washington Metropolitan Area Transit Authority (District Court, District of Columbia 2016)
Brown v. Caesar (District Court, District of Columbia 2016)
M.K. v. Tenet (District Court, District of Columbia 2000)
Frank v. Mracek (United States District Court for the Middle District of Alabama 1973)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.