Legal Opinion
Kaplan v. United States
District Court, C.D. California
Decided April 12, 1967No. Civ. No. 65-590PublishedCited by 7 opinions
1Opinion of the Court
ORDER DENYING MOTION OF DEFENDANT TO FILE COUNTERCLAIM
FERGUSON, District Judge.
Before the Court is a motion by the defendant, filed March 22,1967, for leave to file an omitted counterclaim pursuant to Rule 13(f) of the Federal Rules of Civil Procedure.
The Rule provides:
“When a pleader fails to set up a counterclaim through oversight, inadvertence, or excusable neglect, or when justice requires, he may by leave of court set up the counterclaim by amendment.”
The complaint was filed April 15, 1965, and is a construction contract case in which plaintiffs claim compensation in the amount of…
2Cases cited7 opinions
- Rosenberg Brothers & Co., Inc., a Corporation, Arnold-Hoover, Incorporated, a Corporation v. Albert ArnoldCourt of Appeals for the Ninth Circuit · 1960
- Caddy-Imler Creations, Inc. v. John D. CaddyCourt of Appeals for the Ninth Circuit · 1962
- Stephens v. ReedCourt of Appeals for the Third Circuit · 1941
- Hancock Oil Co. v. Universal Oil Products Co.Court of Appeals for the Ninth Circuit · 1941
- Canister Co. v. National Can Corp.District Court, D. Delaware · 1946
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Bache Halsey Stuart Shields Inc. v. Tracy Collins Bank & Trust Co.District Court, D. Utah · 1983
- Psg Co., a Corporation, and Philip S. Greenberg v. Merrill Lynch, Pierce, Fenner & Smith, Inc.Court of Appeals for the Ninth Circuit · 1969
- Randolph v. Franklin Inv. Co., Inc.District of Columbia Court of Appeals · 1979
- Tomoegawa (U.S.A.), Inc. v. United StatesUnited States Court of International Trade · 1991
- Walla v. JohnsonCourt of Appeals of Washington · 1988
2 more not listed; retrieve them via the Exa API.