
USCA1 Opinion

	




       [NOT FOR PUBLICATION--NOT TO BE CITED AS PRECEDENT]                  United States Court of Appeals                      For the First Circuit                       ____________________No. 98-1259                        MIF REALTY, L.P.,                       Plaintiff, Appellee,                                v.                       GERALD S. FINEBERG,                      Defendant, Appellant.                       ____________________           APPEAL FROM THE UNITED STATES DISTRICT COURT                FOR THE DISTRICT OF MASSACHUSETTS         [Hon. Robert B. Collings, U.S. Magistrate Judge]                       ____________________                              Before                     Torruella, Chief Judge,Wellford, Senior Circuit Judge,                    and Selya, Circuit Judge.                       _____________________     William I. Cowin, with whom Joel A. Kozol, Christine P.Deshler and Friedman & Atherton were on brief, for appellant.     John A. Wortmann, Jr., with whom Margaret M. Pinkham andBrown, Rudnick, Freed & Gesmer P.C. were on brief, for appellee.                       ____________________                               August 5, 1998                       ____________________          Per Curiam.  After due consideration of the record,briefs, and oral arguments, we affirm the decision on appeal on thebasis of the magistrate judge's memorandum and order.  We add onlythat the magistrate judge did not abuse his discretion in denyingthe defendant's belated motion to amend his counterclaims.  SeeQuaker State Oil Refining Corp. v. Garrity Oil Co., Inc., 884 F.2d1510, 1517 (1st Cir. 1989).          Affirmed.
