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NATIONAL MACH. CO. v. WATERBURY FARREL FDRY. & MACH. CO.

No. 367, Docket 26819.

290 F.2d 527 (1961)

NATIONAL MACHINERY COMPANY, Plaintiff-Appellee, v. WATERBURY FARREL FOUNDRY AND MACHINE COMPANY and Textron, Inc., Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided May 22, 1961.

Attorney(s) appearing for the Case

Willis H. Taylor, Jr., New York City (John C. Oram, Jr., and Pennie, Edmonds, Morton, Barrows & Taylor, New York City, on the brief), for defendants-appellants.

H. F. McNenny, Cleveland, Ohio (Richey, McNenny & Farrington, Cleveland, Ohio; Wiggin & Dana, New Haven, Conn., and F. E. Callahan, New Haven, Conn., on the brief), for plaintiff-appellee.

Before LUMBARD, Chief Judge and MOORE, Circuit Judge, and STEEL, District Judge.

PER CURIAM.

The defendant in this patent suit appeals from an order of the district court denying leave for it to amend its answer so as to assert permissive counterclaims arising out of two patents similar to those on which the plaintiff brought suit. The defendants' motion was made more than two years after the answer was filed. It was denied by the district judge who said, "The tardy injection of these new issues by the defendant will set off a new string of discovery...

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