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STRAUSS v. DOUGLAS AIRCRAFT CO.

No. 192, Docket 32620.

404 F.2d 1152 (1968)

Kurt STRAUSS, Appellant, v. DOUGLAS AIRCRAFT CO., Appellee.

United States Court of Appeals Second Circuit.

Decided December 12, 1968.

Attorney(s) appearing for the Case

Stanley B. Gruber, New York City (Freedman, Borowsky & Lorry, Greenhill & Speyer, New York City, on the brief), for appellant.

Frederic L. Atwood, New York City (James J. Sentner, Jr., Haight, Gardner, Poor & Havens, New York City, on the brief), for appellee.

Before KAUFMAN and ANDERSON, Circuit Judges, and TENNEY, District Judge.

IRVING R. KAUFMAN, Circuit Judge:

The dilemma to be resolved by us is how to strike a proper balance between the interest of Fed.R.Civ.P. 15(a) that leave to amend a pleading "shall be freely given when justice so requires," and the possible prejudice to other parties resulting from such amendment.

Kurt Strauss appeals from a final judgment in favor of Douglas Aircraft Co. [now known as McDonnell Douglas Corp. and hereinafter referred to as Douglas] after...

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