Opinion · Court of Appeals for the Second Circuit

Dalbec v. Gentleman's Companion, Inc.

828 F.2d 921

Type
Opinion
Court
Court of Appeals for the Second Circuit
Jurisdiction
Federal
Date
1987-09-04
Topic
general

MAHONEY, Circuit Judge, concurring: I concur in all of the majority’s opinion except that portion dealing with the allowance of LFP’s amendment to conform its answer to the proof. As to that portion of the majority’s opinion, I concur in the result reached by the majority in view of the trial judge’s broad discretion with respect to the allowance of such amendments, see Peter Fabrics, Inc. v. S.S. Hermes, 765 F.2d 306, 312 (2d Cir.1985); Evans v. Syracuse City School District, 704 F.2d 44, 47 (2d Cir.1983); and Browning Debenture Holders’ Committee v.

Citator

UpLaw has not yet analyzed Dalbec v. Gentleman's Companion, Inc.. The absence of a flag is not a finding that it is good law.

MAHONEY, Circuit Judge,

concurring:

I concur in all of the majority’s opinion except that portion dealing with the allowance of LFP’s amendment to conform its answer to the proof. As to that portion of the majority’s opinion, I concur in the result reached by the majority in view of the trial judge’s broad discretion with respect to the allowance of such amendments, see Peter Fabrics, Inc. v. S.S. Hermes, 765 F.2d 306, 312 (2d Cir.1985); Evans v. Syracuse City School District, 704 F.2d 44, 47 (2d Cir.1983); and Browning Debenture Holders’ Committee v. DASA Corp., 560 F.2d 1078, 1086 (2d Cir.1977), and the trial judge’s greater knowledge of and familiarity with the proceedings below.