Cincinnati Traction Bldg. Co. v. Pullman-Standard Car Mfg. Co.

NIELDS,' District Judge.

Motion by plaintiff to dismiss bill of complaint without prejudice. Defendant opposes plaintiff’s motion on tEe ground that dismissal of action should be with prejudice to the right of plaintiff to bring another suit against defendant involving the same subject matter, or if the bill be dismissed without prejudice, it should be on condition that plaintiff pay the taxable costs and the necessary expenses defendant has incurred (including attorneys’ fees) in defense of the action. At the hearing defendant presented an affidavit showing outlays in preparation for the…