Epstein Secrets

specific issue of adding a new party, and 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. 1

d 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 voluntary petition in bankruptcy. Id. at 871. Defendant filed a timely motion to dism

specific issue of adding a new party, and 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 I. Mississippi Power & Light Co., 526 F.2d 870 (5th Cir.), vacated in part on other grounds 545 F.2d 919 (5th Cir.

d 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 voluntary petition in bankruptcy. Id. at 871. Defendant filed a timely motion to dism

, which required leave of court. Since leave was not obtained by plaintiff, the district court dismissed the complaint as to the unions. On appeal, the Fifth Circuit posed the question: Which rule takes precedence if a party attempts to drop or add parties by an amended pleading filed before a responsive pleadin

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 voluntary petition in bankruptcy. Id. at 871. Defendant filed a timely motion to dism