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l at some period of time." Id. citing Gregory I. Mitchell 634 F.2d 199, 203 (5th Cir. 1981). Further, "[w]h
whether Rule 15 or Rule 21 applies to the addition of a party under the Federal Rules of Civil Procedure, the Fifth Circuit resolved this issue in McLellan,. Mississippi Power & Light Co., 526 F.2d 870 (56' Cir.), vacated in part on other grounds 545 F.2d 919 (5th Cir. 1977). Plaintiff McLellan filed su
l at some period of time." Id. citing Gregory I. Mitchell, 634 F.2d 199, 203 (56 Cir. 1981). Further, "[w]h
ssue in McLellan I. Mississippi Power & Light Co., 526 F.2d 870 (5th Cir.), vacated in part on other grounds 545 F.2d 919 (5th Cir. 1977). Plaintiff McLellan filed suit against his former employer, defendant Mississippi Power and Light Company, for discharging him for violating company policy by filing a
that the "[m]ere passage of time need not result in a denial of leave to amend, but delay becomes fatal at some period of time." Id. ugt Gregory t Mitchell, 634 F.2d 199, 203 (5'h Cir. 1981). Further, "[w]hen there has been an apparent lack of diligence, the burden shifts to the movant to prove that the
e in McLellan I. Mississippi Power & Light Co., 526 F.2d 870 (5'1' Cir.), vacated in part on other grounds, 545 F.2d 919 (511' Cir. 1977). Plaintiff McLellan filed suit against his former employer, defendant Mississippi Power and Light Company, for discharging him for violating company policy by filing a
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