Legal Opinion

Ward Electronics Service, Inc. v. First Commercial Bank

Court of Appeals for the First Circuit

Decided June 2, 1987No. 86-3149PublishedCited by 76 opinions

1Opinion of the Court

JAMES DICKSON PHILLIPS, Circuit Judge:

Ward Electronics Services, Inc. (Ward) here appeals the denial of its motion to amend its complaint against First Commercial Bank (FCB). The district court denied the motion because “the proposed amended complaint revises completely the theory upon which [Ward sought] to recover” and because Ward had already amended its complaint once. We hold that the district court abused its discretion in denying the motion and reverse.

Ward obtained a performance bond from Eastern Indemnity Company of Maryland (Eastern Indemnity) to secure its performance of a contract…

2Cases cited2 opinions

  1. Foman v. DavisSupreme Court of the United States · 1962
  2. Jimmy P. Davis, as of the Estate of Dallas D. Hardy, Jr., Deceased v. Piper Aircraft CorporationCourt of Appeals for the Fourth Circuit · 1980

3Cited by76 opinions

  1. Glassman v. Computervision Corp.Court of Appeals for the First Circuit · 1996
  2. Roller Bearing Co. of America, Inc. v. American Software, Inc.District Court, D. Connecticut · 2008
  3. Koch v. Koch IndustriesDistrict Court, D. Kansas · 1989
  4. Sarah Harless, Personal Representative of Edward Lewis and Administratrix of His Estate v. Csx Hotels, Incorporated, A/K/A the Greenbrier HotelCourt of Appeals for the Fourth Circuit · 2004
  5. Booth v. State of MarylandCourt of Appeals for the Fourth Circuit · 2009

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