Finley Lines Joint Protective Board Unit 200, Brotherhood Railway Carmen, a Division of Transportation Communications Union v. Norfolk Southern Corp.
Court of Appeals for the Fourth Circuit
1Opinion of the Court
Reversed by published opinion. Judge MOTZ wrote the opinion, in which Judge RUSSELL and Judge MURNAGHAN joined.
OPINION
DIANA GRIBBON MOTZ, Circuit Judge:
This is an appeal from an order vacating a notice of voluntary dismissal. Because at the time plaintiffs filed the notice, defendants had not answered the complaint, moved for summary judgment, or filed a motion to dismiss that had been treated as a motion for summary judgment, we reverse.
I
On November 22, 1995, Finley Lines Joint Protective Board Unit 200, Brotherhood Railway Carmen and J.H. Wright (collectively Finley) filed a complaint in…
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