Legal Opinion
Lunn v. United Aircraft Corp.
District Court, D. Delaware
Decided May 25, 1960No. Civ. A. No. 2063PublishedCited by 23 opinions
1Opinion of the Court
RODNEY, Senior Judge.
This is a motion for a voluntary dismissal of an action pursuant to Federal Rule of Civil Procedure, rule 41(a) (2), 28 U.S.C.A. The motion was not made until after the service of the answer as provided in 41(a) (1). The material part of Rule 41(a) (2) is set out in the footnote.1 ■ It seems to be clear and conceded that a motion for voluntary dismissal under Rule 41(a) (2) is within the sound judicial discretion of the Court and will be determined after attempting to secure substantial justice to both parties.2 A correct understanding of the foundation for the exercise…
2Cases cited27 opinions
- Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
- United States v. F. & M. Schaefer Brewing Co.Supreme Court of the United States · 1958
- Ex Parte Skinner & Eddy Corp.Supreme Court of the United States · 1924
- Paramount Pictures, Inc. v. Rodney, U.S. District Judge (Two Cases). Interstate Circuit, Inc. v. Rodney, U.S. District Judge (Two Cases)Court of Appeals for the Third Circuit · 1951
- HOME OWNERS'LOAN CORPORATION v. HuffmanCourt of Appeals for the Eighth Circuit · 1943
22 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Dan Smoot v. Honorable Noel P. Fox, United States District Judge for the Western District of MichiganCourt of Appeals for the Sixth Circuit · 1964
- Puerto Rico Maritime Shipping Authority v. LeithCourt of Appeals for the First Circuit · 1981
- Draper v. Paul N. Gardner Defined Plan TrustSupreme Court of Delaware · 1993
- Glickenhaus v. Lytton Financial CorporationDistrict Court, D. Delaware · 1962
- Colonial Carpets, Inc. v. Carpet Fair, Inc.Court of Special Appeals of Maryland · 1977
18 more not listed; retrieve them via the Exa API.