John McShain, Inc. v. Cessna Aircraft Co.

CAVANAUGH, J.,

This is motion by Cessna Aircraft Company for leave to amend its anwer so that it can include as new matter the defense of collateral estoppel. There seems to be no issue as to the timeliness or propriety of defendant’s filing its motion to amend. However, all parties in their arguments and briefs have addressed themselves to the validity of the defense offered as new matter in the present posture of the case. We, therefore, address ourselves to the issue as presented.

Cessna points to a finding of fact rendered in its favor by a jury in the Federal District Court for the Eastern…