Legal Opinion

Whyde v. United States

United States Court of Federal Claims

Decided February 6, 2002No. 00-199CPublishedCited by 6 opinions

1Opinion of the Court

ORDER

MILLER, Judge.

This case is before the court on plaintiffs motion to voluntarily dismiss his amended complaint without prejudice, ostensibly pursuant to RCFC 41(a)(2). Defendant, which has expended resources in responding to the amended complaint with a dispositive motion, requests that the court only grant dismissal with prejudice. Thus, the issue is whether plaintiff has made a sufficient showing to warrant his abandoning the action at this time without adverse consequences. Argument is deemed unnecessary.

FACTS

Billy P. Whyde (“plaintiff’) was a civilian employee at Newark Air Force Base…

2Cases cited7 opinions

  1. Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
  2. 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
  3. Jeno F. Paulucci and Lois Paulucci v. City of Duluth and Lake Superior Paper IndustriesCourt of Appeals for the Eighth Circuit · 1987
  4. 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 · 1986
  5. Antoinette D'Alto Nicholas D'Alto v. Dahon California, Inc.Court of Appeals for the Second Circuit · 1996

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3Cited by6 opinions

  1. Mission Essential Personnel, LLC v. United StatesUnited States Court of Federal Claims · 2012
  2. Klamath Irrigation District v. United StatesUnited States Court of Federal Claims · 2014
  3. Freeman v. United StatesUnited States Court of Federal Claims · 2011
  4. In Re Downstream Addicks and Barker (Texas) Flood-Control Reservoirs v. United StatesUnited States Court of Federal Claims · 2020
  5. In Re Downstream Addicks and Barker (Texas) Flood-Control Reservoirs v. United StatesUnited States Court of Federal Claims · 2020

1 more not listed; retrieve them via the Exa API.

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