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INGRAM-DAY LUMBER CO. v. McLOUTH

No. 4487.

13 F.2d 581 (1926)

INGRAM-DAY LUMBER CO. v. McLOUTH.

Circuit Court of Appeals, Sixth Circuit.

June 30, 1926.

Attorney(s) appearing for the Case

Wm. J. Shaw and Ferris D. Stone, both of Detroit, Mich. (Miller, Canfield, Paddock & Stone, of Detroit, Mich., and White & Ford, of Gulfport, Miss., on the brief), for plaintiff in error.

Chas. A. Meyer, Asst. U. S. Atty., of Detroit, Mich., and I. V. McPherson, Sp. Asst. Atty. Gen. (Delos G. Smith and Chas. A. Meyer, both of Detroit, Mich., and I. V. McPherson, of Washington, D. C., on the brief), for defendant in error.

Before DENISON, DONAHUE, and MOORMAN, Circuit Judges.

DONAHUE, Circuit Judge (after stating the facts as above).

It is claimed on the part of the plaintiff in error that the court erred to its prejudice in permitting the defendant to file its amended plea and in admitting evidence in reference to McLouth's contracts with the government, and their subsequent cancellation. A court has discretion to permit amendment to pleadings upon such conditions as it shall in its discretion...

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