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SPAMPINATO v. M. BREGER & CO.

Civ. A. No. 15045.

176 F.Supp. 149 (1958)

Thomas O. SPAMPINATO and Jane B. Spampinato, Plaintiffs, v. M. BREGER & CO., Inc., Miles Breger, Dr. Guenther E. Winkler, Dr. Solomon Adelman, Dr. Max Weissman, Dr. Richard Perrault, the City of New York, Defendants.

United States District Court E. D. New York.

On Motion to Dismiss and Reargue November 13, 1958.

Attorney(s) appearing for the Case

Thomas O. Spampinato, in pro. per.

Martin, Clearwater & Bell, New York City, by John H. Tovey, Robert C. Heidell, Franklin Square, N. Y., of counsel, for defendant Dr. Winkler.

Leiman & Trace, Maspeth, L. I., N. Y., by Jacob Leiman, Maspeth, L. I., N. Y., of counsel, for defendants M. Breger & Co., Inc. and Miles Breger.

Peter Campbell Brown, Corporation Counsel for City of New York, New York City, by George A. Weiler, Asst. Corporation Counsel, New York City, for City of New York et al.

BYERS, Chief Judge.

This is a plaintiff's motion for leave to file an amended complaint, and is therefore to be viewed with tolerance. However, as stated in E. I. DuPont De Nemours & Co. v. United States Camo Corp., D.C., 19 F.R.D. 495, there is a measure of discretion in connection with such an application which the court is required to exercise.

The plaintiff Thomas O. Spampinato, who appears in person, has...

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