Nowell v. Behrends

GUNNISON, District Judge.

This matter arises on the motion of plaintiff to file a third amended complaint, having heretofore dismissed as to certain defendants.* To this motion *496for leave to file a third amended complaint, Behrends,- Corning, Gillespie, and Fairchilds, the only remaining defendants in the case, filed objections, on the ground that the complaint sets up an entirely new and different cause of action from that stated in the original, the amended, and the second amended complaints. The motion for leave to file and the objections were argued at the same time.

An examination of the…