District Court, E.D. Pennsylvania May 5, 1958, No. 22598 (Schwartz v. American Stores Co.)

EGAN, District Judge.

The defendant moves to amend its answer so as to plead the statute of limitations. ’ It relies on Rule 15(a) of the Federal Rules of Civil Procedure, 28 U.S. C.A., which states inter alia that “leave [to amend] shall be freely given when justice so requires.”

Justice so requires where the granting of the motion results in no prejudice to the opposing party. Budd Co. v.