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WELCH v. T. W. WARNER CO.

No. 134.

47 F.2d 232 (1931)

WELCH v. T. W. WARNER CO.

Circuit Court of Appeals, Second Circuit.

January 5, 1931.

Attorney(s) appearing for the Case

Willcox, Swiger, Chambers & Scandrett, of New York City (Henry B. Potter and J. Anthony Panuch, both of New York City, of counsel), for appellant.

Platt, Field & Taylor, of New York City (Eli J. Blair, of New York City, of counsel), for appellee.

Before MANTON, L. HAND, and CHASE, Circuit Judges.

L. HAND, Circuit Judge.

The plaintiff filed his complaint at law in the state court upon a contract between his assignor, Andrews, and the defendant company. The defendant removed the cause for diversity of citizenship and answered. When the cause came on for trial in the District Court, the plaintiff moved to amend the complaint, and Judge Coleman sent the cause to the motion part, at which Judge Woolsey refused to allow the amendment and dismissed the original complaint...

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