Albee Homes, Inc. v. Lutman

MEMORANDUM AND ORDER

JOSEPH S. LORD, III, District Judge.

Plaintiffs have moved for leave to amend their answer to defendant’s counterclaim in order to plead a release. The essential facts relating to the release are set forth in Judge Kalodner’s opinion for the Court of Appeals when this case was before it on plaintiffs’ appeal. 406 F.2d 11 (C.A. 3, 1969). Those facts have not altered in the meantime. It still remains true that plaintiffs waited over three years to attempt to assert a defense that was known to them from the start of the lawsuit. We thought at the time of trial, and we think…