Civil Procedure Keyed to Friedenthal
Dioguardi v. Durning
ProfessorTodd Berman
CaseCast™ – "What you need to know"
Facts
Plaintiff Dioguardi filed a complaint stating that at an auction Defendant Durning, the Collector of Customs for the Port of New York, sold his merchandise at “public custom” to another bidder at Plaintiff’s price of $110 and not Defendant’s price of $120. In addition, Plaintiff alleged that three weeks before the sale, two cases of the merchandise disappeared. Plaintiff alleged that he filed a claim for the merchandise from Defendant, which Defendant denied. Plaintiff claimed $5,000. The District Court dismissed the complaint with leave for Plaintiff to amend, on the ground that the complaint “fails to state facts sufficient to constitute a cause of action.” Plaintiff added more allegations and filed an amended complaint. The District Court rendered a final judgment for dismissal on the grounds that Plaintiff’s complaint did not state “facts sufficient to constitute a cause of action.” Plaintiff appealed.
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