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· 4/16/1999

Holste v. Burlington Northern Railroad

Citations

  • 592 N.W.2d 894
  • 256 Neb. 713
  • 1999 Neb. LEXIS 79

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding plaintiff’s right to voluntary dismissal before final submission “is not absolute”
  • court can deny party's voluntary dismissal where party is necessary party to another claim in same action
  • defendant in \any case\ has right to proceed to trial on counterclaim or setoff \although the plaintiff may have dismissed the action or failed to appear\
  • court can deny party’s voluntary dismissal where party is necessary party to another claim in same action
  • “Under Nebraska law, the focus is on the defendant’s actions regardless of the capacity in which those actions were undertaken.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Wright, Connolly, Gerrard, McCormack, Hannon, White, Stephan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.