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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
amend their petition. "Although the district court should err on the side of allowing amendment, leave to amend should not be given automatically." Chitimachia Tribe of Louisiana Harry L. Laws Co 690 F.2d 1157, 1163 (5th Cir. 1982), citin Addington'. Farmer's Elevator Mut. Ins. Co., 650 F.2d 663, 666 (5th Cir.
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
amend their petition. "Although the district court should err on the side of allowing amendment, leave to amend should not be given automatically." Chitimachia Tribe of Louisiana I. Harry I. Laws Co., 690 1 Jane Doe No. 3, who seeks to be added as a party, also wasted little time in utilizing the non- prosecution
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
amend their petition. "Although the district court should err on the side of allowing amendment, leave to amend should not be given automatically." Chitimachia Tribe of Louisiana I. Harry L. Laws Co., Inc., 690 F.2d 1157, 1163 (5'1' Cir. 1982), citing Addington I. Farmer's Elevator Mutual Insurance maC ., 650 F.
Entities connected to both McLellan and Chitimachia Tribe

Samantha Power
PERSON
the Fifth Circuit
ORGANIZATION
United States
LOCATIONRoy Black
PERSON
Bradley Edwards
PERSONLeon Black
PERSONMaria Farmer
PERSON
Kenneth Marra
PERSONJack Scarola
PERSON
Podhurst Orseck
ORGANIZATION
Paul Cassell
PERSONBeech Aircraft
ORGANIZATION
Kentucky
LOCATION
Alexander Acosta
PERSOND.C. Cir
ORGANIZATIONAsher
PERSONOffice of Epstein's
ORGANIZATIONNonjoinder of Parties
PERSONLeachman
PERSONI. Hamilton
PERSON