Legal Opinion
Frances Kern v. Txo Production Corporation
Court of Appeals for the Eighth Circuit
Decided July 17, 1984No. 83-2505PublishedCited by 261 opinions
1Opinion of the Court
ARNOLD, Circuit Judge.
TXO Production Corporation appeals from the District Court’s order dismissing without prejudice Frances Kern’s action against it. TXO claims that the dismissal, which came after the trial had begun, should have been with prejudice, or, in the alternative, should at least have been conditioned on the payment by plaintiff of its costs and lawyers’ fees. We cannot agree that it was an abuse of discretion to dismiss the complaint without prejudice, but we do hold that conditions should have been attached to protect TXO. We therefore affirm in part, reverse in part, and…
2Cases cited11 opinions
- Cone v. West Virginia Pulp & Paper Co.Supreme Court of the United States · 1947
- HOME OWNERS'LOAN CORPORATION v. HuffmanCourt of Appeals for the Eighth Circuit · 1943
- Boaz v. Mutual Life Ins. Co. of New YorkCourt of Appeals for the Eighth Circuit · 1944
- New York, C. & St. L. R. Co. v. VardamanCourt of Appeals for the Eighth Circuit · 1950
- Cathy A. Williams v. Ford Motor Credit Company v. S & S Recovery, Inc. Cathy A. Williams, Ford Motor Credit Company v. S & S Recovery, Inc.Court of Appeals for the Eighth Circuit · 1980
6 more not listed; retrieve them via the Exa API.
3Cited by261 opinions
- In re Volkswagen of America, Inc.Court of Appeals for the Fifth Circuit · 2008
- United States v. Richard Junior FrazierCourt of Appeals for the Eleventh Circuit · 2004
- United States v. Darrin Todd HaackCourt of Appeals for the Eighth Circuit · 2005
- Cornelius Cooper v. Southern CompanyCourt of Appeals for the Eleventh Circuit · 2004
- Rio Grande Silvery Minnow v. Bureau of ReclamationCourt of Appeals for the Tenth Circuit · 2010
256 more not listed; retrieve them via the Exa API.