McCann v. Bentley Stores Corporation

OTIS, District Judge.

The question for decision is whether plaintiff shall be permitted to dismiss this action without prejudice, and, if so, upon what terms and conditions.

The action was filed in the state court October 23, 1936. It was removed to this court May 13, 1940. The defendant filed answer here June 14, 1940. A motion to remand was filed June 26, 1940, argued July 26, 1940, overruled July 27, 1940, by a written opinion and order. 34 F.Supp. 231. Thereafter, on July. 31, 1940, plaintiff moved to dismiss without prejudice. Defendant opposed the motion unless plaintiff be required, as a…