Legal Opinion

E. I. Du Pont De Nemours & Co. v. United States Camo Corp.

District Court, W.D. Missouri

Decided November 5, 1956No. Civ. No. 10127PublishedCited by 15 opinions

1Opinion of the Court

R. JASPER SMITH, District Judge.

Defendants move for leave to file a joint and several amended answer and counterclaim to plaintiff’s complaint. Plaintiff objects to the amendment, charging that it contravenes this Court’s order of April 20, 1956, and that defendants failed to exercise due diligence in seeking to amend.

A Court must exercise its sound discretion in granting or refusing leave to amend when confronted with the question of the timeliness of amendment. The Rules prescribe no limitations of time for amendments by leave of court. Nevertheless the party seeking to amend should…

2Cases cited1 opinion

  1. Coffman v. Federal Laboratories, Inc.Court of Appeals for the Third Circuit · 1948

3Cited by15 opinions

  1. SHADES, ETC. v. Cobbs, Allen & Hall Mortg. Co.Supreme Court of Alabama · 1980
  2. Reams v. Tulsa Cable Television, Inc.Supreme Court of Oklahoma · 1979
  3. Reeves v. HarrisWyoming Supreme Court · 1963
  4. Smithfield Foods Inc. v. United Food & Commercial Workers International UnionDistrict Court, E.D. Virginia · 2008
  5. C-Thru Products, Inc. v. Uniflex, Inc.District Court, E.D. New York · 1966

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