Legal Opinion

Milton Lecompte v. Mr. Chip, Inc.

Court of Appeals for the Fifth Circuit

Decided March 15, 1976No. 75--2743PublishedCited by 279 opinions

1Opinion of the Court

RONEY, Circuit Judge:

Plaintiff on this appeal argues that the district court imposed unreasonable conditions upon a voluntary dismissal without prejudice entered pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Defendants counter that the terms attached by the district court to the dismissal without prejudice were not unreasonable and were within the court’s discretion, and in any event, they assert the order is not appealable. Finding the order of dismissal to be properly appealable, we vacate and remand for further consideration by the district court in light of this…

2Cases cited11 opinions

  1. Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
  2. American Cyanamid Company v. Robert A. McGheeCourt of Appeals for the Fifth Circuit · 1963
  3. Ruby Humphreys, Administratrix of the Estate of William Orvie Humphreys, Deceased v. United StatesCourt of Appeals for the Ninth Circuit · 1959
  4. Holiday Queen Land Corporation v. Barton Baker, Insurance Company of North AmericaCourt of Appeals for the Fifth Circuit · 1974
  5. Scholl v. Felmont Oil Corp.Court of Appeals for the Sixth Circuit · 1964

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

3Cited by279 opinions

  1. Concha v. LondonCourt of Appeals for the Ninth Circuit · 1995
  2. Gardiner v. A.H. Robins Co.Court of Appeals for the Eighth Circuit · 1984
  3. Reta L. McCants as Administratrix of the Estate of Johnny L. McCants Deceased v. Ford Motor Company, Inc.Court of Appeals for the Eleventh Circuit · 1986
  4. Robin James, a Married Person in Her Separate Capacity v. Price Stern Sloan, Inc., a Delaware Corporation Penguin Putnam, Inc., a Delaware CorporationCourt of Appeals for the Ninth Circuit · 2002
  5. In Re Fred Lowenschuss, Debtor. Resorts International, Inc. v. Fred LowenschussCourt of Appeals for the Ninth Circuit · 1995

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

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