DOOLEY v. FRITZ

No. 3187.

38 F.2d 123 (1930)

DOOLEY et al. v. FRITZ.

District Court, D. Massachusetts.

February 11, 1930.


Attorney(s) appearing for the Case

Charles William Lavers, of Boston, Mass., for plaintiffs.

Ira Dudley Farquhar and Vernon Mason, both of Boston, Mass., for defendant.


MORTON, District Judge.

The question is whether the plaintiffs are entitled as of right to dismiss their bill. If it is a matter of the court's discretion, I am of opinion, for reasons which I stated orally from the bench, that leave to do so ought not to be granted.

Up to a certain point in equity proceedings, there is no doubt that a plaintiff has the absolute right to dismiss his bill. It is, however, "well settled that he cannot do so without an order...

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