WARD ELECTRONICS SERVICE v. FIRST COMMERCIAL BANK

No. 86-3149.

819 F.2d 496 (1987)

WARD ELECTRONICS SERVICE, INC., Plaintiff-Appellant, v. FIRST COMMERCIAL BANK, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided June 2, 1987.


Attorney(s) appearing for the Case

Julian Karpoff (Karpoff, Title & Mitnick on brief), for plaintiff-appellant.

Robert Dean Perrow (Howard W. Dobbins, Williams, Mullen, Christian & Dobbins on brief), for defendant-appellee.

Before WINTER, Chief Judge, PHILLIPS, Circuit Judge, and YOUNG, United States District Judge for the District of Maryland, sitting by designation.


JAMES DICKSON PHILLIPS, Circuit Judge:

Ward Electronics Services, Inc. (Ward) here appeals the denial of its motion to amend its complaint against First Commercial Bank (FCB). The district court denied the motion because "the proposed amended complaint revises completely the theory upon which [Ward sought] to recover" and because Ward had already amended its complaint once. We hold that the district court abused its discretion in denying the motion and reverse.

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