Buggeln & Smith, Inc. v. Standard Brands, Inc.

HULBERT, District Judge.

Plaintiff seeks to file nunc pro tunc a demand for a jury trial.

The action is to recover damages and was commenced November 3, 1938. Issue was joined by the service of an answer on December 31, 1938. It contained no counterclaim and the pleadings were, therefore, closed.

Plaintiff assumed the right to amend as of course within 20 days and defendant appears to have accepted the amended complaint without objection and served its answer there to February 2, 1939.

Under the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, the plaintiff may only amend his…