Bauler v. Pressed Steel Car Co.

CAMPBELL, District Judge.

The matters presently pending before the court are (1) the plaintiffs’ motion for leave to file their third amendment to the amended complaint, and (2) certain claims of guard sergeants which were not disposed of in the court’s memorandum opinion of May 27, 1948,

1. The basis of plaintiffs’ motion to amend their complaint after the trial is primarily Federal Civil Rule 15(b), 28 U.S. C.A., which applies to amendments to conform to the evidence and allows such motion to be made “even after judgment.” The plaintiffs’ proposed amendment pleads that the activities…