District Court, W.D. Pennsylvania February 19, 1942, Civil Action No. 1684 (Union Barge Line Corp. v. United States)

McVICAR, District Judge.

This action is before us on defendant’s motion, under Rule 12(b) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for the dismissal thereof, for the reason that the complaint fails to state a claim upon which relief can be granted, and also fails to state a claim within the jurisdiction of this court.