(concurring).
With one qualification, not significant here, I concur in these opinions, both that of Judge DENMAN and that of Judge HEALY.
In view of Mexican Central Railway v. Duthie, 189 U.S. 76, 23 S.Ct. 610, 47 L.Ed. 715, where the statute applied contained language resembling that in Rule 15(a), I am not prepared to say that leave to amend here could be granted only on an application under Rule 60(b). As suggested in United States v. Newbury Mfg. Co., 1 cir., 123 F.2d 453, 454, I think we need not decide this point at the present time.
But since appellant made no application whatever for leave to file a second amended complaint, he simply ignored all the rules. It would be hard to frame a more liberal rule than Rule 15, but when a party chooses not to take the steps provided by it, he must take the consequences.