MANION, Circuit Judge.
Dennis Marlow and Provest, Inc. challenge an order of the district court which granted Marlow's motion for voluntary nonsuit in part, but sua sponte converted it into a dismissal with prejudice. The court did not offer Marlow the opportunity to elect between taking the dismissal (which could have full res judicata effect upon a simultaneous, although stayed, state court proceeding) or proceeding to trial on the merits. We conclude that...
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