# Dalbec v. Gentleman's Companion, Inc.

> Court of Appeals for the Second Circuit · September 4, 1987 · 828 F.2d 921

URL: https://www.frixlaw.com/law-library/cases/8953657

## Case

- **Full name:** Donna Newbury DALBEC, formerly Donna Newbury, and Richard Dalbec v. GENTLEMAN'S COMPANION, INC., Gentleman's Companion Magazine, Inc. and LFP, Inc., Gentleman's Companion Magazine, Inc. and LFP, Inc.
- **Court:** Court of Appeals for the Second Circuit
- **Decided:** September 4, 1987
- **Citations:** 828 F.2d 921; 14 Media L. Rep. (BNA) 1705
- **Precedential status:** Published
- **Opinion:** Concurrence by Mahoney
- **Judges:** Mahoney, Meskill, Oakes
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8953657

## Opinion text

MAHONEY, Circuit Judge,
concurring:
I concur in all of the majority’s opinion except that portion dealing with the allowance of LFP’s amendment to conform its answer to the proof. As to that portion of the majority’s opinion, I concur in the result reached by the majority in view of the trial judge’s broad discretion with respect to the allowance of such amendments, see Peter Fabrics, Inc. v. S.S. Hermes, 765 F.2d 306, 312 (2d Cir.1985); Evans v. Syracuse City School District, 704 F.2d 44, 47 (2d Cir.1983); and Browning Debenture Holders’ Committee v. DASA Corp., 560 F.2d 1078, 1086 (2d Cir.1977), and the trial judge’s greater knowledge of and familiarity with the proceedings below.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8953657. Public record. Not legal advice.