Cook & Nichol, Inc. v. The Plimsoll Club, Leo S. Weil

RONEY, Circuit Judge

(concurring);

I concur in the decision to reverse because it appears that Count IV alleges facts sufficient to state a cause of action. Inconsistent as these facts may be with the rest of the complaint, they must be accepted as alleged on a motion to dismiss. This makes it unnecessary to decide the sufficiency of the other counts because when any one count “if made independently would be sufficient, the pleading is not made insufficient by the insufficiency of one or more of the alternative statements.” F.R.Civ.P. Rule 8(e) (2).