BROOK VILLAGE NORTH ASSOCIATES v. GENERAL ELEC. CO.

No. 81-1333.

686 F.2d 66 (1982)

BROOK VILLAGE NORTH ASSOCIATES, et al., Plaintiffs-Appellants, v. GENERAL ELECTRIC COMPANY, Re-Entry and Environmental Systems Division, Defendant-Appellee.

United States Court of Appeals, First Circuit.

Decided August 20, 1982.


Attorney(s) appearing for the Case

J. Bradford Westgate, Nashua, N. H., with whom Winer, Pillsbury & Bennett, Nashua, N. H., was on brief, for plaintiffs-appellants.

Gerald R. Prunier, Nashua, N. H., with whom Prunier, Mazerolle & Frasca, Nashua, N. H., was on brief, for defendant-appellee.

Before COFFIN, Chief Judge, BOWNES, Circuit Judge, ROSENN, Senior Circuit Judge.


ROSENN, Circuit Judge.

The primary question on appeal in this diversity suit is the effect to be given admissions that are deemed to be made under Rule 36 of the Federal Rules of Civil Procedure because of a party's failure timely to respond to a request therefor, and the limits, if any, on the discretion of a trial judge to permit withdrawal of an admission once trial has commenced. We must also decide whether plaintiffs are entitled to prejudgment interest.

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