Thaddeus G. Benton v. Vinson, Elkins, Weems and Searls

Commenced in the Supreme Court of New York, the appellant’s tort action was removed to the United States District Court for the Southern District of New York by reason of diversity of citizenship. That court, pursuant to motion, transferred the action to the United States District Court for the Southern District of Texas in accordance with the provisions of 28 U.S.C. § 1404(a). The appellant then served and filed a notice of voluntary dismissal pursuant to Rule 41(a) (1), F.R.Civ.P. This is an appeal from the denial of the appellant’s subsequent motion, filed pursuant to Rule 60 (b) (1),…