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GILMORE v. WITSCHOREK

Civ. No. 753168.

411 F.Supp. 491 (1976)

Stephen H. GILMORE, Administrator of the Estate of Virgil Edward Lash, Deceased, Plaintiff, v. Wolfgang B. WITSCHOREK, Defendant.

United States District Court, E. D. Illinois.

April 7, 1976.

Attorney(s) appearing for the Case

David H. Adamson III, of Callis, Schooley, Filcoff & Hartman, Granite City, Ill., for plaintiff.

James B. Wham, Centralia, Ill., for defendant.

ORDER

FOREMAN, Judge:

Before the Court are plaintiff's Motion for Leave to Amend Complaint and defendant's Motion to Dismiss.

Plaintiff seeks leave to amend his original complaint by adding a second count. However, leave to amend is not required since the defendant has not yet filed an answer to the complaint, but has filed only a Motion to Dismiss. Until an answer has been filed a plaintiff can amend his complaint once as a matter of right. Fuhrer...

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