Legal Opinion
Victory Beauty Supply, Inc. v. La Maur, Inc.
District Court, N.D. Illinois
Decided June 8, 1983No. 81 C 5175PublishedCited by 4 opinions
1Opinion of the Court
MEMORANDUM OPINION AND ORDER
SHADUR, District Judge.
*307Defendant Lamaur, Inc. (“Lamaur”)1 has filed an amended counterclaim (the “Counterclaim”) against plaintiff Victory Beauty Supply, Inc. (“Victory”), alleging Victory unlawfully sold Lamaur “restricted use” products to the general public. Lamaur now moves under Fed.R.Civ.P. (“Rule”) 41(a)(2) and 41(c) for unconditional dismissal of its Counterclaim without prejudice. For the reasons stated in this memorandum opinion and order, dismissal without prejudice is allowed — but on condition of Lamaur’s payment of Victory’s litigation expense that (1)…
2Cases cited10 opinions
- Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
- National City Bank of NY v. HotchkissSupreme Court of the United States · 1913
- Hotchkiss v. National City Bank of New YorkDistrict Court, S.D. New York · 1911
- American Cyanamid Company v. Robert A. McGheeCourt of Appeals for the Fifth Circuit · 1963
- Ernst v. Mechanics' & Metals Nat. Bank of New YorkCourt of Appeals for the Second Circuit · 1912
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3Cited by4 opinions
- Antowyn Cauley v. John WilsonCourt of Appeals for the Seventh Circuit · 1985
- United States v. Outboard Marine Corp.District Court, N.D. Illinois · 1984
- Planet Insurance v. GriffithDistrict Court, N.D. Illinois · 1989
- St. Paul Fire & Marine Insurance v. Casualty Reciprocal ExchangeDistrict Court, W.D. Arkansas · 1987