Legal Opinion
Blue Mountain Construction Company, a Corporation v. H. C. Werner and Tauf Charneski
Court of Appeals for the Ninth Circuit
Decided September 21, 1959No. 16206PublishedCited by 29 opinions
Healy, Circuit Judge, dissented.
1Opinion of the Court
ORR, Circuit Judge.
On the 4th day of April, 1958, appellant filed in the United States District Court of Oregon a complaint seeking damages for alleged breaches of three sub-contracts entered into with appellees.
On April 28, 1958, defendants served and filed their answer. No affirmative relief was sought.
*306On May 19, 1958, appellant moved for a dismissal of the action without prejudice under Rule 41(a) (2), F.R.Civ.P., 28 U.S.C.A.1 No supporting affidavit was presented and no reasons were given for the dismissal. Appellee objected to the dismissal on the ground that appellee had “undertaken at…
2Cases cited3 opinions
- Ockert v. Union Barge Line Corp.Court of Appeals for the Third Circuit · 1951
- Rollison v. Washington Nat. Ins.Court of Appeals for the Fourth Circuit · 1949
- Texas Construction Company v. United StatesCourt of Appeals for the Fifth Circuit · 1956
3Cited by29 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
- Sams v. Beech Aircraft Corp.Court of Appeals for the Ninth Circuit · 1980
- Fong v. United StatesCourt of Appeals for the Ninth Circuit · 1962
- Purer & Company and Phillip Purer v. Aktiebolaget Addo and Addo MacHine Company, Inc.Court of Appeals for the Ninth Circuit · 1969
- Gill v. Hall (In Re Hall)United States Bankruptcy Appellate Panel for the Ninth Circuit · 1981
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