Legal Opinion
Spampinato v. M. Breger & Co.
District Court, E.D. New York
Decided July 9, 1958No. Civ. A. No. 15045PublishedCited by 5 opinions
1Opinion of the Court
BYERS, Chief Judge.
This is a plaintiff’s motion for leave to file an amended complaint, and is therefore to be viewed with tolerance. *151However, as stated in E. I. DuPont De Nemours & Co. v. United States Camo Corp., D.C., 19 F.R.D. 495, there is a measure of discretion in connection with such an application which the court is required to exercise.
The plaintiff Thomas O. Spampinato, who appears in person, has a grievance which he has been diligent to exploit.
The proposed pleading contains seven alleged causes of action which are set forth in 94 paragraphs; thus the very bulk of the pleadings,…
2Cases cited4 opinions
- E. I. Du Pont De Nemours & Co. v. United States Camo Corp.District Court, W.D. Missouri · 1956
- Thomas O. Spampinato v. M. Breger & Co., Inc.Court of Appeals for the Second Circuit · 1955
- Spampinato v. M. Breger & Co.District Court, E.D. New York · 1958
- Spampinato v. M. Breger & Co.District Court, E.D. New York · 1958
3Cited by5 opinions
- Thomas O. Spampinato v. The City of New York and Guenther E. WinklerCourt of Appeals for the Second Circuit · 1962
- Spampinato v. M. Breger & Co.Court of Appeals for the Second Circuit · 1959
- Kuntz v. New York State Board of ElectionsDistrict Court, N.D. New York · 1996
- Southern Idaho Production Credit Ass'n v. GneitingIdaho Supreme Court · 1985
- Spampinato v. Breger & Co.Court of Appeals for the Second Circuit · 1959