Legal Opinion
Poloron Products, Inc. v. Lybrand Ross Bros.
Court of Appeals for the Second Circuit
Decided April 5, 1976No. 178, Docket 75-7271PublishedCited by 2 opinions
1Opinion of the Court
MESKILL, Circuit Judge:
Poloron Products, Inc. (“Poloron”) appeals from an order of the United States District Court for the Southern District of New York, Conner, J., dismissing its amended complaint on the ground that two prior voluntary dismissals of the action by the plaintiff in the present action had the effect of a dismissal on the merits. The district court’s opinion is reported at 66 F.R.D. 610 (S.D.N.Y.1975). The district court held that the instant suit was barred *1014by the doctrine of res judicata because of the so-called “two dismissal” rule set forth in Rule 41(a)(1), Fed.R.Civ.P.,…
2Cases cited9 opinions
- Surowitz v. Hilton Hotels Corp.Supreme Court of the United States · 1966
- LeTulle v. ScofieldSupreme Court of the United States · 1940
- Parrent v. Midwest Rug Mills, Inc.Court of Appeals for the Seventh Circuit · 1972
- Fairchild Hiller Corp. v. McDonnell Douglas Corp.New York Court of Appeals · 1971
- Fred Engelhardt, D/B/A Engelhardt's Camera Store v. Bell & Howell Company, a CorporationCourt of Appeals for the Eighth Circuit · 1962
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3Cited by2 opinions
- Poloron Products, Inc. (With Substitution Applied for by Dynamark Corporation, Assignee) v. Lybrand Ross Bros. & Montgomery, and Third-Party v. Poloron Products of Indiana, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1976
- Bennett v. MORTGAGE ELECTRONIC REGIST. SYS., INC.Court of Civil Appeals of Alabama · 2007