· 10/14/1971
Burton Stern, Bankrupt. Burton Stern, Bankrupt v. Ralph Barnett and Phillip Liss, Objecting-Creditors-Appellants
Citations
- 452 F.2d 211
- 15 Fed. R. Serv. 2d 753
- 17 A.L.R. Fed. 953
- 1971 U.S. App. LEXIS 7587
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that \the prospect of a second lawsuit should not [in and of itself] bar a voluntary dismissal....\
- noting that “the prospect of a second lawsuit should not [in and of itself] bar a voluntary dismissal....”
- Rule 41(a)(2) is intended “to prevent voluntary dismissals which unfairly affect the opposing party.” (emphasis added)
- “In exercising its discretion the court follows the traditional principle that dismissal should be allowed unless the defendant will suffer some plain legal prejudice other than the mere prospect of a second lawsuit.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Knoch, Pell, Gordon
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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