233 F. 137 | E.D. Pa. | 1916
The line of distinction may be confidently drawn. It is sometimes easy and sometimes difficult to determine on which side of it a proposed amendment is. We think the present amendment is on the permitted side, and because of this allow it. There is nothing in the case of Garrett v. Louisville, 235 U. S. 308, 35 Sup. Ct. 32, 59 L. Ed. 242, to condemn this view. On the contrary, the implication is otherwise so far as the ruling reflects the views of - the District Court and the Circuit Court of Appeals whose judgment was affirmed. Each of- them suggested and tendered the offer of allowance of an amendment. There is the further thought in the present case that this amendment was allowed before the statute had closed upon the plaintiff’s right.
The delay in acting upon this is unexplained, but the amendment, may be now made under the allowance then given.
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