On various motions by the parties in accidental death action, the District Court, Muir, J., held that: (1) defendant's motion to file answer out of time would be reluctantly granted since, as practical matter, otherwise resulting default judgment would likely have to be set aside upon defendant's request; (2) defendant's motion for leave to withdraw its admissions, arising out of untimely responses to requests, would be denied; and (3) notwithstanding denial of motion for leave to withdraw admissions
No. 10206. Decided September 6, 1949. Messrs. James J. Laughlin and William E. Owen, Washington, D.C., for appellants. Messrs. George Morris Fay, United States Attorney, and Joseph M. Howard, Assistant United States Attorney, Washington, D.C., for appellee. Before EDGERTON, WILBUR K. MILLER and PRETTYMAN, Circuit Judges. PER CURIAM. Appellants' notice of appeal was filed December 18, 1948. On January 26, 1949, the District Court extended to March 15, 1949, the time for filing the record on appeal