Legal Opinion
United States Fidelity & Guaranty Co. v. Rodgers
Montana Supreme Court
Decided October 20, 1994No. 94-186PublishedCited by 14 opinions
1Opinion of the CourtJustice Hunt
The Seventeenth Judicial District Court, Valley County, granted plaintiff United States Fidelity and Guaranty Company’s (USF&G) motion for voluntary dismissal and awarded defendant attorney fees and costs. USF&G appeals from that portion of the District Court’s memorandum opinion and order which awards fees and costs to defendant. We reverse.
We frame the issues on appeal as follows:
1. Did the amount of discovery conducted by Rodgers preclude USF&G from filing a notice to dismiss under 41(a)(l)(i), M.R.Civ.R?
2. Did the District Court abuse its discretion by conditioning USF&G’s voluntary…
2Cases cited12 opinions
- Steer, Inc. v. Department of RevenueMontana Supreme Court · 1990
- American Cyanamid Company v. Robert A. McGheeCourt of Appeals for the Fifth Circuit · 1963
- Hyde Construction Company, Inc. v. Koehring CompanyCourt of Appeals for the Tenth Circuit · 1968
- D. C. Electronics, Inc. v. Nartron Corp. And Norma RautiolaCourt of Appeals for the Sixth Circuit · 1975
- Plains Growers, Inc. v. Ickes-Braun Glasshouses, Inc.Court of Appeals for the Fifth Circuit · 1973
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3Cited by14 opinions
- Faulconbridge v. StateMontana Supreme Court · 2006
- Albert v. HastetterMontana Supreme Court · 2002
- State v. DelaneyMontana Supreme Court · 1999
- Johnston v. Centennial Log Homes & Furnishings, Inc.Montana Supreme Court · 2013
- Harry Sargeant, III v. Daniel HallCourt of Appeals for the Eleventh Circuit · 2020
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