Robertshaw-Fulton Controls Co. v. Noma Electric Corp.

WILLIAM C. COLEMAN, .Chief Judge.

This matter is before the Court on defendant’s motion for an order dismissing the suit with prejudice under Rule 41 (a) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A., on the ground that plaintiff had previously dismissed a suit which it had filed in the District Court for the Southern District of New York on the same claim, the Rule just referred to providing that “a notice of dismissal operates as an adjudication upon the merits when filed by a plaintiff who has once dismissed in any court of the United States or of any state an action based on or…