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· 10/21/1959

Ruby Humphreys, Administratrix of the Estate of William Orvie Humphreys, Deceased v. United States

Citations

  • 272 F.2d 411
  • 2 Fed. R. Serv. 2d 694
  • 1959 U.S. App. LEXIS 3247

How courts have described this case

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

  • holding that a voluntary dismissal under Rule 41(a)(2) does not toll the statute of limitations under the Federal Tort Claims Act
  • holding that a voluntary dismissal under Rule 41(a)(2) does not toll the statute of limitations under the Federal Tort Claims Act
  • holding \the District Court has no jurisdiction over [an untimely FTCA] action\ \once the two-year period of limitations has run.\
  • noting that, in the context of voluntary dismissal, a “suit 28 dismissed without prejudice . . . leaves the situation the same as if the suit had never been brought in the first place”
  • filing of Federal court suit subsequently voluntarily dismissed in order to refile in more convenient forum does not toll statute
  • \[A] suit dismissed without prejudice pursuant to Rule 41(a)(2) leaves the situation the same as if the suit had never been brought in the first place.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Healy, Hamley, Bowen

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

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