Walter Kidde Portable Equipment, Inc. v. Universal Security Instruments, Inc.
Court of Appeals for the Federal Circuit
1Opinion of the Court
JORDAN, Circuit Judge.
Defendant-appellant Universal Security Instruments, Inc. (“USI”) appeals from a March 31, 2006 order of the United States District Court for the Middle District of North Carolina, Docket No. 1:03-CV-00537-NCT, granting the motion of plaintiff-appellee Walter Kidde Portable Equipment, Inc. (“Kidde”) for voluntary dismissal without prejudice of an action Kidde had filed against USI. Although we find that the district court erred as a matter of law when it dismissed USI’s counterclaims over USI’s objection, and when it ruled on a motion for voluntary dismissal without first…
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