Safeguard Business Systems, Inc., a Delaware Corporation v. Judith Hoeffel, D/B/A Judith Hoeffel Company
Court of Appeals for the Eighth Circuit
1Opinion of the Court
BEAM, Circuit Judge.
This appeal requires us to construe Fed. R.Civ.P. 41(a)(1), which permits a plaintiff to voluntarily dismiss an action without prejudice before a motion for summary judgment or an answer is filed. In this action, plaintiff Safeguard Business Systems, Inc. sought a temporary restraining order, injunctive relief, and damages against defendant Judith Hoeffel. Following an evidentiary hearing on September 19, 1989, the district court announced from the bench that it would not grant a temporary restraining order, and that its pronouncement constituted a decision on the merits…
2Cases cited5 opinions
- Terry Wayne Sanders v. Clemco Industries and Ingersoll-Rand CompanyCourt of Appeals for the Eighth Circuit · 1988
- Harvey Aluminum, Inc. v. American Cyanamid Co.Court of Appeals for the Second Circuit · 1953
- In Re Piper Aircraft Distribution System Antitrust Litigation. Van-S-Aviation Corporation v. Piper Aircraft CorporationCourt of Appeals for the Eighth Circuit · 1977
- Edward O. Thorp v. John Scarne and Simon & Schuster, Inc.Court of Appeals for the Second Circuit · 1979
- Joseph F. Moore v. Warwick Public School District No. 29, a Public CorporationCourt of Appeals for the Eighth Circuit · 1986
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- American Soccer Co. v. Score First EnterprisesCourt of Appeals for the Ninth Circuit · 1999
- Ossman v. Diana Corp.District Court, D. Minnesota · 1993
- Smith v. DowdenCourt of Appeals for the Eighth Circuit · 1995
- Sealy, L.L.C. v. BanksSupreme Court of Alabama · 2004
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