Legal Opinion
American Cyanamid Company v. Robert A. McGhee
Court of Appeals for the Fifth Circuit
Decided May 8, 1963No. 19538_1PublishedCited by 154 opinions
1Opinion of the Court
CARSWELL, District Judge.
Appellant, defendant below, seeks review of the trial court’s order fixing terms and conditions of dismissal of a negligence action. The single issue here is whether a voluntary dismissal by order of court after an initial voluntary dismissal of the same suit by notice in a state court bars the filing of a third suit in federal court under the provisions of Rule 41(a), Federal Rules of Civil Procedure. 1
The short record shows that Robert A. McGhee, as plaintiff, filed a suit in the Circuit Court of Dade County, Florida, against Lederle Laboratories, Inc., a Delaware…
2Cases cited2 opinions
- Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
- Fred Engelhardt, D/B/A Engelhardt's Camera Store v. Bell & Howell Company, a CorporationCourt of Appeals for the Eighth Circuit · 1962
3Cited by154 opinions
- Commercial Space Management Company, Inc. v. The Boeing Company, Inc.Court of Appeals for the Ninth Circuit · 1999
- Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
- Reta L. McCants as Administratrix of the Estate of Johnny L. McCants Deceased v. Ford Motor Company, Inc.Court of Appeals for the Eleventh Circuit · 1986
- Duke Energy Trading and Marketing, L.L.C. v. Gray Davis, Governor of the State of California, and California Power Exchange CorporationCourt of Appeals for the Ninth Circuit · 2001
- Elbaor v. Tripath Imaging, Inc.Court of Appeals for the Fifth Circuit · 2002
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