Southern Electric Generating Co. v. Allen Bradley Co.

RYAN, Chief Judge.

Here, prior to the service of any answers, a defendant moves for dismissal as to less than all the defendants. Although Rule 41(a) specifically provides for dismissal on application of' a plaintiff, the rule may be applied because the plaintiff consents to the granting of the relief sought. Some of the remaining defendants did not consent but did not oppose the motion.

The Rules of Civil Procedure are silent as to discontinuance or dismissal of an action as to less than all the defendants. Rules 41(a) (2), 21 and 15(a), F.R.Civ. P., 28 U.S.C.A., have been employed to…