Colonial Oil Co. v. American Oil Co.

WARING, District Judge.

In the above entitled cause a motion has now been made “for an order granting the plaintiff a voluntary dismissal of the above entitled action and directing the Clerk of this court to deliver to each party hereto its original exhibits.” While not specifically stated in the notice of motion, in the argument before me it was stressed that of course the motion to dismiss was to be without prejudice as to the merits, and while not definitely stated, it was pointed out by the defendant that it would be subject to the institution of another suit possibly in another forum.

It…