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Dioguardi v. Durning

United States Court of Appeals for the Second Circuit

139 F.2d 774 (2d Cir. 1944)

Relevant factsFree

Dioguardi (plaintiff), representing himself, alleged in a home-drawn complaint that Customs Collector Durning (defendant) sold his auctioned tonic bottles to another bidder for less than Dioguardi's own bid and that two cases of the tonics had separately disappeared, presumably through Durning's fault, before the sale; the district court dismissed the complaint for failure to state a claim upon which relief could be granted.

IssueFree

Whether a complaint must state facts sufficient to constitute a specific cause of action.

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