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COMMERCIAL SPACE MANAGEMENT CO. v. BOEING CO.

No. 97-56439.

193 F.3d 1074 (1999)

COMMERCIAL SPACE MANAGEMENT COMPANY, INC., Plaintiff-Appellee, v. THE BOEING COMPANY, INC., incorporated under the laws of the State of Washington; ENERM, a corporation formed under the laws of the Soviet Russian Federation; Boeing Commercial Space Co. Inc., a corporation formed under the laws of the State of Washington; United States Sea Launch Company GP, L.L.C., a limited liability company formed under the laws of the State of Delaware; United States Sea LP, a limited partnership formed under the laws of the State of Delaware; Kvaerner Maritime A.S., a joint stock company formed under the laws of Norway, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Submission Vacated March 9, 1999.

Resubmitted September 27, 1999.

Filed September 27, 1999.

Attorney(s) appearing for the Case

Stuart N. Senator, Munger, Tolles & Olsen, Los Angeles, California, for the defendants-appellants.

John A. Roberts and David Brennan (argued), Girardi & Keese, Los Angeles, California, for the plaintiff-appellee.

Before: PREGERSON and RYMER, Circuit Judges, and BREYER, District Judge.

RYMER, Circuit Judge:

This appeal involves the "two dismissal rule" of Fed.R.Civ.Proc. 41(a)1 and requires us to decide whether the district court that had jurisdiction over the second action which was voluntarily dismissed may determine, at the defendant's request, if the plaintiff's notice dismissing the second action is with or without prejudice.

Under Rule 41(a)(1), an action may...

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