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BAMM, INC. v. GAF CORP.

No. 80-7659.

651 F.2d 389 (1981)

BAMM, INC., Plaintiff-Appellant, v. GAF CORPORATION, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

July 23, 1981.

Attorney(s) appearing for the Case

Lee & Clark, Fred S. Clark, Savannah, Ga., for plaintiff-appellant.

Sutherland, Asbill & Brennan, John A. Chandler, Jacqueline S. Miller, Atlanta, Ga., Pierce, Ranitz, Mahoney, Forbes & Coolidge, Thomas J. Mahoney, Jr., Savannah, Ga., for defendant-appellee.

Before HILL and VANCE, Circuit Judges, and LYNNE, District Judge.

PER CURIAM:

Bamm, Inc. appeals the district court's denial of its motion for leave to amend and to voluntarily dismiss under Rule 41(a)(2). Because we find that the district court abused its discretion in denying Bamm's motion for leave to amend, we reverse.

Bamm is a small family corporation engaged in the roofing business in Georgia. On December 13, 1977 Bamm signed a contract with Kaiser Aluminum and Chemical Corporation...

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