Legal Opinion
Holiday Queen Land Corporation v. Barton Baker, Insurance Company of North America
Court of Appeals for the Fifth Circuit
Decided February 25, 1974No. 73-1119PublishedCited by 35 opinions
1Per curiam
Holiday Queen seeks review of the district court’s refusal to dismiss without prejudice, under Rule 41(a)(2), F. R.Civ.P., 1 Holiday Queen’s action against Insurance Company of North America (INA). Holiday Queen sought voluntary dismissal of, IN A because of Holiday Queen’s inability to present evidence of its claim against INA on the date set for trial. As a result the district court entered judgment in favor of INA and dismissed Holiday Queen’s action with prejudice. We reverse.
INA was one of numerous defendants in a conspiracy and fraud case brought by Holiday Queen. Although the original…
2Cases cited1 opinion
- Clayton E. Durham v. Florida East Coast Railway CompanyCourt of Appeals for the Fifth Circuit · 1967
3Cited by35 opinions
- Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
- 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
- Nannette B. Davis v. Usx CorporationCourt of Appeals for the Fourth Circuit · 1987
- S.A. Andes v. Versant Corporation, and First Washington Investments Corporation and Thomas F. HerrCourt of Appeals for the First Circuit · 1986
- Ronnie Gene Bass v. Phoenix Seadrill/78, Ltd., Third-Party v. Crown Rig Building Services, Inc., and Branham Industries, Inc., Third-PartyCourt of Appeals for the Third Circuit · 1985
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