Pioneer Grain Corp. v. Chicago, M. & St. P. Ry. Co.

BOOTH, Circuit Judge.

An action was brought by the appellee railway company against the appellant, as defendant, to recover demurrage charges. The defendant answered, denying its liability. It also set up a counterclaim, alleging that plaintiff was liable in damages to it for a negligent breach of duty as a common carrier to furnish ears to defendant during the times referred to in the complaint. In its reply the plaintiff denied the counterclaim; later it moved to dismiss the same. This motion was denied (D. C.) 26 F.(2d) 90. Thereafter plaintiff moved to amend its reply, by inserting…