District Court, E.D. Wisconsin January 23, 1943, Civ. A. 910 (Charness v. Katz)

DUFFY, District Judge.

The matter before the court is a motion by the defendants to dismiss the complaint because it fails to state a claim against the defendants upon which relief can be granted.

The complaint alleges that the plaintiff is the duly appointed and qualified trustee of the bankrupt, and that the referee in bankruptcy has ordered him to commence the action in question.