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ELBAOR v. TRIPATH IMAGING, INC.

No. 01-10376.

279 F.3d 314 (2002)

James E. ELBAOR, MD PA, Individually and as Trustee for the James E. Elbaor MD PA Retirement Trust dated April 24, 1997; Edward E. Elbaor, Individually and as Trustee and General Partner of the Elbaor Family Limited Partnership # 2 dated December 21, 1988 and Elbaor Children's Trust Partnership dated March 1, 1993, Plaintiffs-Appellants, v. TRIPATH IMAGING, INC., a corporation; et al., Defendants, Tripath Imaging, Inc., a corporation; Parallax Group LP, a limited partnership; Tandem Management Inc., a corporation; William F. Branston, Individually and as General Partner of Parallax Group LP and as agent for Tandem Management Inc., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 14, 2002.

Attorney(s) appearing for the Case

Frank W. Hill, Thomas A. Fuller (argued), Hill Gilstrap, Arlington, TX, for Plaintiffs-Appellants.

James Winford Bowen, John A. Gilliam (argued), Jenkins & Gilchrist, Dallas, TX, for Defendants-Appellees.

Before JOLLY, SMITH and BENAVIDES, Circuit Judges.

BENAVIDES, Circuit Judge:

Appellants James E. Elbaor, MD PA, Individually and as Trustee for the James E. Elbaor MD PA Retirement Trust dated April 24, 1997 and Edward E. Elbaor, Individually and as Trustee and General Partner of the Elbaor Family Limited Partnership # 2 dated December 21, 1988 and Elbaor Children's Trust Partnership dated March 1, 1993 (collectively the "Elbaors") filed a motion in the district court, seeking a voluntary dismissal, without prejudice...

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