Freeman v. Bee Machine Co., Inc., 319 U.S. 448 (1943)

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Freeman v. Bee Machine Co., Inc.

No. 707

Argued May 4, 5, 1943
Decided June 1, 1943
319 U.S. 448

CERTIORARI TO THE CIRCUIT COURT OF APPEALS

FOR THE FIRST CIRCUIT

Syllabus

1. A federal court having jurisdiction of a cause removed from a state court may allow such an amendment of the complaint as could have been made had the suit originated in the federal court, even though the amendment could not have been made had the suit remained in the state court. P. 451.

2. After removal to the federal District Court of an action for breach of contract, begun in a state court against a nonresident defendant upon whom process was personally served within the State, the defendant entered a general appearance, defended on the merits, and filed a counterclaim. Held that the defendant was "found" within the district so as to give the District Court power to allow the complaint to be amended by adding a cause of action under § 4 of the Clayton Act. P. 453.

3. The Rules of Civil Procedure, which permit joinder of claims, Rule 18, and provide for amendment of pleadings, Rule 15, are applicable to removed cases, and "govern all procedure after removal," Rule 81(c). P. 454.

4. Rule 5 of the Rules of Civil Procedure permits service of an amended complaint to be made upon the attorney for the defendant. P. 455.

131 F.2d 190 affirmed.

Certiorari, 318 U.S. 752, to review a judgment vacating a judgment of the District Court which granted a motion for a summary judgment for the defendant (petitioner here), 41 F.Supp. 461, and denied a motion of the plaintiff (respondent here) to amend the complaint, 42 F.Supp. 938, in a suit which had been removed from a state court.