WOLDOW v. EDGEMOOR REALTY CO.

Civ. No. 1020.

81 F.Supp. 800 (1949)

WOLDOW et al. v. EDGEMOOR REALTY CO. et al.

United States District Court D. Delaware.

January 11, 1949.


Attorney(s) appearing for the Case

William H. Foulk and Herbert L. Cobin, both of Wilmington, Del., for plaintiffs.

Thomas Herlihy, Jr., and Morris Cohen, both of Wilmington, Del., for defendants.


LEAHY, Chief Judge.

The motion to amend should be granted. Only plaintiffs' arguments three, four and five will be discussed. The difficulty with the third reason is plaintiffs do not, in fact, indicate how they would be prejudiced if the leave to amend is granted. They argue that by the amendment they are deprived of the judicial admission which they had in the previous answer which, according to their interpretation, concedes the authority in Culhane to bind defendants...

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