Proie Brothers, Inc., a Pennsylvania Corporation and John Proie v. Frank Proie

Third Circuit

Proie Brothers, Inc., a Pennsylvania Corporation and John Proie v. Frank Proie

414 F.2d 1365, 1969 U.S. App. LEXIS 12372

CourtCourt of Appeals for the Third Circuit

DecidedMay 15, 1969

Docket17701_1

StatusPublished

Cited by2 cases

This text of 414 F.2d 1365 (Proie Brothers, Inc., a Pennsylvania Corporation and John Proie v. Frank Proie) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Proie Brothers, Inc., a Pennsylvania Corporation and John Proie v. Frank Proie, 414 F.2d 1365, 1969 U.S. App. LEXIS 12372 (3d Cir. 1969).

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Opinion

OPINION OF THE COURT

Before McLAUGHLIN, KALODNER and VAN DUSEN, Circuit Judges.

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 to all parties for many years prior to trial.

After careful consideration of the record, as well as the able briefs and oral arguments of counsel, we will affirm the District Court judgment of October 18, 1968, for the reasons clearly stated in the December 3, 1968, opinion of Judge Marsh, 301 F.Supp. 680. 1

1

. Also, we note the following recent case cited by counsel during the oral argument: Albee Homes, Inc. v. Lutman, 406 F.2d 11, 13-14 (3rd Cir. 1969).

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