Legal Opinion
Park-In Theatres, Inc. v. Paramount-Richards Theatres, Inc.
District Court, D. Delaware
Decided July 13, 1949No. Civ. A. No. 1072PublishedCited by 4 opinions
1Opinion of the Court
RODNEY, District Judge.
In this case, after complaint filed, the defendants entered a motion to dismiss upon stated grounds. Disposition of the motion being deferred, D.C., 81 F.Supp. 466, the defendant filed numerous affidavits and on January 11, 1949 moved for summary judgment based on the complaint and affidavits. No answer has been filed. On March 22, 1949 the plaintiff filed an amended complaint under Rule 15(a) of the Federal Rules of Civil Procedure, 28 U.S.C.A., without leave of the court or consent of the adverse parties being either requested or obtained. Rule 15(a) provides:
*268“A party…
2Cases cited9 opinions
- Keene Lumber Co. v. LeventhalCourt of Appeals for the First Circuit · 1948
- Continental Illinois National Bank & Trust Co. v. United StatesSupreme Court of the United States · 1942
- Triangle Conduit & Cable Co. v. National Electric Products Corp.Court of Appeals for the Third Circuit · 1942
- Rogers v. Girard Trust Co.Court of Appeals for the Sixth Circuit · 1947
- Porter v. Montaldo'sDistrict Court, S.D. Ohio · 1946
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3Cited by4 opinions
- Savings Finance Corporation v. BlairMissouri Court of Appeals · 1955
- St. Clair E. Miller v. American Export Lines, Inc., and Personnel Physician, American Export Lines, Inc.Court of Appeals for the Second Circuit · 1963
- Jacobson v. State Farm Mutual Automobile Ins.New Mexico Supreme Court · 1970
- Park-In Theatres, Inc. v. Paramount-Richards Theatres, Inc.District Court, D. Delaware · 1950