Legal Opinion

Louis v. Bache Group, Inc.

District Court, S.D. New York

Decided December 1, 1981No. 81 Civ. 457PublishedCited by 9 opinions

1Opinion of the Court

OPINION

EDWARD WEINFELD, District Judge.

In response to a second motion for summary judgment by the defendants (a prior motion was denied), plaintiff moves for a voluntary dismissal of this action pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Plaintiff seeks such dismissal without prejudice. The defendants oppose the application and urge that the Court decide the pending motion for summary judgment and, in the event of denial of their motion, that the case proceed to trial.

An application for voluntary dismissal of an action invokes the discretion of the Court, which brings…

2Cases cited16 opinions

  1. Alyeska Pipeline Service Co. v. Wilderness SocietySupreme Court of the United States · 1975
  2. Farmer v. Arabian American Oil Co.Supreme Court of the United States · 1964
  3. Milton Lecompte v. Mr. Chip, Inc.Court of Appeals for the Fifth Circuit · 1976
  4. State Farm Mutual Automobile Insurance v. United StatesSupreme Court of the United States · 1963
  5. United States v. Elliott Kahaner, Antonio Corallo and James Vincent KeoghCourt of Appeals for the Second Circuit · 1963

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3Cited by9 opinions

  1. United States v. Outboard Marine Corp.Court of Appeals for the Seventh Circuit · 1986
  2. Arthur v. Starrett City AssociatesDistrict Court, E.D. New York · 1983
  3. BD v. DeBuonoDistrict Court, S.D. New York · 2000
  4. In Re Tutu Wells Contamination LitigationDistrict Court, Virgin Islands · 1998
  5. In Re Agent Orange Product Liability LitigationDistrict Court, E.D. New York · 1985

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