The Plumberman, Inc. v. Urban Systems Development Corporation and Federal Insurance Company

This case presents the question whether the dismissal of a previous action was with or without prejudice. If the previous action was dismissed with prejudice, this claim is barred by res judicata, and summary judgment was properly granted for defendant. Because we find that the dismissal was a voluntary dismissal pursuant to Rule 41(a), we hold that it was without prejudice to the merits of the action and accordingly reverse the order of summary judgment and remand the case to the district court.

On June 5, 1974, plaintiff The Plumber-man, Inc., petitioned to intervene in pending litigation in…