Legal Opinion
Spencer v. Moore Business Forms, Inc.
District Court, N.D. Georgia
Decided June 26, 1980No. Civ. A. No. C76-779APublishedCited by 13 opinions
1Opinion of the Court
ORDER
SHOOB, District Judge.
This case is before the Court on plaintiff’s motion for voluntary dismissal of the action, without prejudice, under Fed.R. Civ.P. 41(a)(2). That rule provides:(2) By Order of Court. Except as provided in paragraph (1) of this subdivision of this rule, an action shall not be dismissed at the plaintiff’s instance save upon order of the court and upon such terms and conditions as the court deems proper. If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff’s motion to dismiss, the action shall not be dismissed against the…
2Cases cited15 opinions
- Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
- Betty v. Pace, as Administratrix of the Estate of Floyd J. Pace, Jr., Deceased v. Southern Express CompanyCourt of Appeals for the Seventh Circuit · 1969
- Alamance Industries, Inc. v. Filene'sCourt of Appeals for the First Circuit · 1961
- HOME OWNERS'LOAN CORPORATION v. HuffmanCourt of Appeals for the Eighth Circuit · 1943
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- James Hamilton, as Administrator of the Estate of Gordon Daniel Hamilton, Deceased v. Firestone Tire & Rubber Company, Inc.Court of Appeals for the Ninth Circuit · 1982
- Burnette v. GodshallDistrict Court, N.D. California · 1993
- Stephen G. Conafay, an Infant, by His Father and Next Friend Stephen R. Conafay v. Wyeth Laboratories, a Division of American Home Products Corp.Court of Appeals for the D.C. Circuit · 1988
- Radiant Technology Corp. v. Electrovert USA Corp.District Court, N.D. Texas · 1988
- Horton v. Trans World Airlines Corp.District Court, E.D. New York · 1996
8 more not listed; retrieve them via the Exa API.