Legal Opinion
J. L. Stern v. Inter-Mountain Telephone Company
Court of Appeals for the Sixth Circuit
Decided November 14, 1955No. 12396PublishedCited by 15 opinions
1Per curiam
This action was brought by the appellant in a Tennessee state court and was removed by the appellee to the Federal District Court upon a showing of diversity jurisdiction.
Several weeks after filing its answer, the appellee served notice upon the appellant to take his deposition in accordance with Rule 26 of the Federal Rules of Civil Procedure, 28 U.S.C.A. The day his deposition was to be taken the appellant filed a motion for leave to take a voluntary nonsuit without prejudice. The district court entered an order allowing a dismissal of the case without prejudice upon two conditions: that…
2Cases cited3 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Grivas v. Parmelee Transp. Co.Court of Appeals for the Seventh Circuit · 1953
- Leo T. Mooney v. Central Motor Lines, Inc., and Boyce S. MarloweCourt of Appeals for the Sixth Circuit · 1955
3Cited by15 opinions
- David Richard Moon v. Lanson Newsome, WardenCourt of Appeals for the Eleventh Circuit · 1989
- Donald Yoffe v. Keller Industries, Inc., a Corporation and Henry A. Keller and Norman S. Edelcup, IndividualsCourt of Appeals for the Fifth Circuit · 1978
- Stephen E. Duffy Sue Ann Duffy v. Ford Motor CompanyCourt of Appeals for the Sixth Circuit · 2000
- Vanhook v. Somerset Health Facilities, LPDistrict Court, E.D. Kentucky · 2014
- Lawrence v. FuldDistrict Court, D. Maryland · 1963
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