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PROIE BROTHERS, INC. v. PROIE

No. 17701.

414 F.2d 1365 (1969)

PROIE BROTHERS, INC., a Pennsylvania corporation and John Proie v. Frank PROIE, Appellant.

United States Court of Appeals Third Circuit.

Decided May 15, 1969.

Attorney(s) appearing for the Case

Gilbert E. Morcroft, Pittsburgh, Pa., for appellant.

Joseph W. Conway, Suto, Power, Balzarini & Walsh, Pittsburgh, Pa., for appellee.

Before McLAUGHLIN, KALODNER and VAN DUSEN, Circuit Judges.

OPINION OF THE COURT

PER CURIAM:

In this suit for breach of contract where the jury returned a verdict for plaintiffs, defendant challenges the District Court judgment of October 18, 1968, entered on the verdict, and its order of December 3, 1968, denying a new trial sought due to alleged error in the denial by the trial judge of a motion made on the last day of the trial to amend the Answer by adding an alternative defense based on facts allegedly known...

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