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Legal Opinion

Kelly v. Delaware River Joint Commission

District Court, E.D. Pennsylvania

Decided July 27, 1950No. 9303PublishedCited by 3 opinions

1Opinion of the Court

GANEY, District Judge.

This is a motion to. amend a complaint one year after a judgment of dismissal has been entered and unappealed from. D.C., 85 F.Supp. 15.

Since a judgment of dismissal has been here entered, the proper procedure would be a petition for leave to open the judgment, coupled with a request for leave to. amend. However, considering this petition as covering both of these requests, the question then posed is whether leave to amend may be allowed.

*456While a motion to dismiss is not a responsive pleading within the meaning of 15(a) of the Federal Rules of Civil Procedure, 28…

2Cases cited3 opinions

  1. United States v. Newbury Mfg. Co.Court of Appeals for the First Circuit · 1941
  2. Kroell v. New York Ambassador, Inc.Court of Appeals for the Second Circuit · 1939
  3. Kelly v. Delaware River Joint CommissionDistrict Court, E.D. Pennsylvania · 1949

3Cited by3 opinions

  1. James Ex Rel. LeMaire v. Hillerich & Bradsby Co.Court of Appeals of Kentucky (pre-1976) · 1956
  2. Vincent v. City of Bowling GreenCourt of Appeals of Kentucky · 1961
  3. Newman, Jr. v. AECIQDistrict Court, E.D. California · 2025

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