Legal Opinion

Gaylord Shops, Inc. v. South Hills Shoppers' City, Inc.

District Court, W.D. Pennsylvania

Decided June 5, 1963No. Civ. A. No. 62-80PublishedCited by 11 opinions

1Opinion of the Court

MARSH, District Judge.

The question before the court is whether plaintiff should be permitted to amend its complaint. In our opinion, its proposed amendments should be denied and its untimely motion stricken.

The action was brought under the antitrust laws. The complaint was filed on February 5, 1962. Pretrial procedure was ordered, extensive discovery has been undertaken, two conferences have been held.

The complaint contained averments of fact which were sworn to by plaintiff’s president and sole owner, Norman M. Stern. In it he, inter alia, averred that on or about April 1, 1960, plaintiff…

2Cases cited5 opinions

  1. Friedman v. Transamerica Corp.District Court, D. Delaware · 1946
  2. Eisenmann v. Gould-National Batteries, Inc.District Court, E.D. Pennsylvania · 1958
  3. Darcy v. North Atlantic & Gulf S. S. Co.District Court, E.D. Pennsylvania · 1948
  4. Carroll v. Pittsburgh Steel Co.District Court, W.D. Pennsylvania · 1952
  5. Garrison v. Baltimore & Ohio RailroadDistrict Court, W.D. Pennsylvania · 1957

3Cited by11 opinions

  1. John H. Freeman, Jr., D/B/A Freeman Electric Gin Company v. Continental Gin CompanyCourt of Appeals for the Fifth Circuit · 1967
  2. Admiral Theatre Corp. v. Douglas Theatre Co.Court of Appeals for the Eighth Circuit · 1978
  3. John S. Kirby, D/B/A Quik-Chek of Indiana and Quik-Chek, Inc. v. P. R. Mallory & Co., Inc.Court of Appeals for the Seventh Circuit · 1973
  4. United States v. American Telephone & Telegraph Co.District Court, District of Columbia · 1978
  5. Jenn-Air Products Co. v. Penn Ventilator, Inc.District Court, E.D. Pennsylvania · 1968

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