· 6/2/1969
Betty v. Pace, as Administratrix of the Estate of Floyd J. Pace, Jr., Deceased v. Southern Express Company
Citations
- 409 F.2d 331
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that voluntary dismissal at the summary judgment stage would result in prejudice to the defendant
- finding that the plaintiff’s tactic of attempting to deprive the defendant of a ruling on its summary judgment motion supported denial of the plaintiff’s motion to dismiss without prejudice
- affirming the denial of a motion to dismiss without prejudice on the ground that the plaintiffs were using the motion as a tactic to prevent summary judgment in favor of the defendants
- affirming denial of motion to dismiss entire action after “considerable discovery” and with motion for summary judgment pending
- affirming denial of motion to dismiss without prejudice where motion for summary judgment pending after “considerable discovery had been undertaken at substantial cost to the defendant”
- finding the district court was justified in denying the plaintiff’s motion to dismiss without prejudice given the time and expenses the defendant had already devoted to the case
Source: CourtListener parenthetical corpus (CC0).
Judges: Castle, Cummings, Kerner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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