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CANISTER CO. v. NATIONAL CAN CORPORATION

Civil Actions Nos. 309 and 365.

71 F.Supp. 45 (1947)

CANISTER CO. v. NATIONAL CAN CORPORATION. CANISTER CO., Inc., v. SAME.

District Court, D. Delaware.

February 19, 1947.

Attorney(s) appearing for the Case

Stuart N. Updike, J. Howard Carter, and John R. Schoemer, Jr. (of Townley, Updike & Carter), all of New York City, N. Y., and Hering, Morris, James & Hitchens, of Wilmington, Del., for plaintiffs.

William S. Potter and Daniel F. Wolcott (of Southerland, Berl & Potter), all of Wilmington, Del., for defendant.

LEAHY, District Judge.

Defendant's motions are denied. The motion to amend must be denied because it is not timely, irrespective of the correctness of the interpretation that the proposed defense is legally insufficient under New York law. In the previous memorandum discussing this phase of the case (see D.C., 6 F.R.D. 613) it was apparently not clear to defendant that the court used timeliness in the broad sense and not simply to signify some particular stage of...

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