- 11 - ignored, then paragraph 8 hardly matters. Thus it is clear that, if a reply was to be filed at all (see second sentence of Rule 37(c), supra note 5), then paragraph 7 must be dealt with. Yet, petitioners’ counsel filed a reply that dealt with paragraph 8 in some detail, but ignored paragraph 7. Respondent does not suggest that petitioners or their counsel had any improper purpose in ignoring paragraph 7. We do not discern from the record any improper purpose. We conclude that petitioners’ failure to deny the affirmative allegations in paragraph 7 of the answer was inadvertent. Because of the critical role these paragraph 7 allegations play in the instant case, as emphatically shown by respondent’s motion for summary judgment based largely on these allegations, justice would be served by allowing petitioners to deny the paragraph 7 allegations, or some of them, unless such denial would be unduly prejudicial to respondent. In the instant case, petitioners’ proposed amendment seeks to deny important allegations stated in respondent’s answer and deemed admitted by petitioners’ failure to deny the allegations in petitioners’ reply. A pleading may be amended to withdraw a previous admission where the other party is not prejudiced. See also Beeck v. Aquaslide “N” Dive Corp., 562 F.2d 537, 540 (8th Cir. 1977) (“The burden is on the party opposing the amendment toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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