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YOUSSEF v. TISHMAN CONST. CORP.

Docket No. 12-4135.

744 F.3d 821 (2014)

Magdy M. YOUSSEF, Plaintiff-Appellant, v. TISHMAN CONSTRUCTION CORPORATION, Turner Construction Company, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: March 10, 2014.

Attorney(s) appearing for the Case

Daniel J. Kaiser , Geoffrey R. Kaiser , Kaiser Saurborn & Mair, P.C., New York, NY, for Appellant.

Noah A. Levine , Jamie S. Dycus , Wilmer Cutler Pickering Hale and Dorr LLP, New York, NY, for Appellee Tishman Construction Corp.

Kevin Joseph O'Connor , Patrick J. Greene, Jr. , Peckar & Abramson, P.C., River Edge, NJ, for Appellee Turner Construction Co.

Before: SACK and DRONEY, Circuit Judges.

SACK, Circuit Judge:

This case concerns the proper application of Federal Rule of Civil Procedure 41(a), which governs the voluntary dismissal of an action. Youssef, the plaintiff and appellant, filed a qui tam action under the federal and New York False Claims Acts. Subsequently, before the defendants had filed an answer or had made a motion for summary judgment, the plaintiff sought to voluntarily dismiss the action. The district court (P. Kevin Castel, ...

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