Klintworth v. Atlantic Coast Line Railroad

WYCHE, District Judge.

The above case is before me upon (1) motion of the plaintiffs for voluntary dismissal, without prejudice; (2) defendant’s motion for summary judgment, and (3) other motions which are not necessary here to recite.

I shall first consider the motion of plaintiffs for voluntary dismissal, without prejudice.

The original complaint in this action was filed in the Court of Common Pleas for Berkeley County, South Carolina, dated February 4, 1965, and served on the defendant on February 12, 1965, and thereafter removed to this Court. The defendant served and filed a notice with…