RICHARDSON GREENSHIELDS SECURITIES, INC. v. LAU

No. 944, Docket 87-7057.

825 F.2d 647 (1987)

RICHARDSON GREENSHIELDS SECURITIES, INC., Plaintiff-Appellee, v. Mui-Hin LAU, Ho Sih Fong, Kau-Ying Lau, Ying Lup Lau, and Wai Yau Chi, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided July 30, 1987.


Attorney(s) appearing for the Case

Michael S. Devorkin, John Doar Law Offices, New York City (Michael Q. Carey, Julia S. Robbins, Carey & Deinoff, New York City, of counsel), for defendants-appellants.

John Linsenmeyer (Peter G. McDonough, Morgan, Lewis & Bockius, New York City, of counsel), for plaintiff-appellee.

Before OAKES and WINTER, Circuit Judges, and METZNER, Senior District Judge.


WINTER, Circuit Judge:

Defendants appeal from Judge Kram's denial of their motion for leave to file an amended answer asserting counterclaims against plaintiff and third-party claims against four of plaintiff's former employees. The denial of that motion to amend a pleading is not appealable in the circumstances of this case. We treat the attempted appeal as a motion for leave to file a petition for a writ of mandamus, however, and grant the motion if Judge Kram refuses...

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