CINCINNATI TRACTION BLDG. CO. v. PULLMAN-STANDARD CAR MFG. CO.

No. 1079.

25 F.Supp. 322 (1938)

CINCINNATI TRACTION BLDG. CO. v. PULLMAN-STANDARD CAR MFG. CO.

District Court, D. Delaware.

November 15, 1938.


Attorney(s) appearing for the Case

Edwin D. Steel, Jr., of Wilmington, Del. (Hugh M. Morris, of Wilmington, Del., and H. A. Toulmin, H. A. Toulmin, Jr., and Rowan A. Greer (of Toulmin & Toulmin), all of Dayton, Ohio, on the brief), for plaintiff.

William G. Mahaffy and Herbert L. Cohen, both of Wilmington, Del. (L. B. Mann [of Gillson, Mann & Cox] of Chicago, Ill., on the brief), for defendant.


NIELDS, District Judge.

Motion by plaintiff to dismiss bill of complaint without prejudice. Defendant opposes plaintiff's motion on the ground that dismissal of action should be with prejudice to the right of plaintiff to bring another suit against defendant involving the same subject matter, or if the bill be dismissed without prejudice, it should be on condition that plaintiff pay the taxable costs and the necessary expenses defendant has incurred (including attorneys...

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