Western Urn Manufacturing Company v. American Pipe and Steel Corporation

DANAHER, Circuit Judge.

When an earlier phase of this litigation was before us, we pointed out that the District Court had misconceived the theory upon which its jurisdiction had been invoked. We remanded, noting that if the named garnishee Greene “shall be found to have been possessed of assets, funds or credits, of the appellee at the time the writ was served,” the court should reinstate the complaint “subject to such further proceedings as the parties may feel advised to pursue.” At a hearing after remand, the trial judge denied appellants’ motion for leave to file an amended complaint. It…