Legal Opinion

Santiago v. Victim Services Agency of Metropolitan Assistance Corp.

Court of Appeals for the Second Circuit

Decided January 11, 1985No. Nos. 442, 443, Dockets 84-7558, 84-7560PublishedCited by 10 opinions

1Opinion of the Court

TIMBERS, Circuit Judge:

The sole question presented by these appeals is whether the district court had jurisdiction to award attorney’s fees to appellees after appellants had filed a notice of dismissal of the action pursuant to Fed.R.Civ.P. 41(a)(1)(i) and before appellees had served an answer or a motion for summary judgment. We hold that the district court did not have jurisdiction to award attorney’s fees.

The appeals are from two orders entered in the Southern District of New York: one by Henry F. Werker, District Judge, entered February 7,1984, awarding, pursuant to 42 U.S.C. § 1988…

2Cases cited15 opinions

  1. Christiansburg Garment Co. v. Equal Employment Opportunity CommissionSupreme Court of the United States · 1978
  2. Roadway Express, Inc. v. PiperSupreme Court of the United States · 1980
  3. White v. New Hampshire Department of Employment SecuritySupreme Court of the United States · 1982
  4. Blum v. BaconSupreme Court of the United States · 1982
  5. Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953

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3Cited by10 opinions

  1. Herbert W. Rounseville and Robert Rounseville v. Samuel Zahl, Treva M. Way, and Geoffrey P. SerataCourt of Appeals for the Second Circuit · 1994
  2. Janssen v. HarrisCourt of Appeals for the Tenth Circuit · 2003
  3. Mihail Chemiakin, Mallow, Konstam, Hager & Fischer v. Igor Yefimov, Doing Business as Hermitage Bella EzerskyCourt of Appeals for the Second Circuit · 1991
  4. Santiago v. Victim Services AgencyCourt of Appeals for the Second Circuit · 1985
  5. Marex Titanic, Inc. v. Wrecked & Abandoned Vessel, RMS TitanicDistrict Court, E.D. Virginia · 1992

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