SACHS v. ITALIA SOCIETA ANONIMA DI NAVIGAZIONE


30 F.Supp. 442 (1939)

SACHS v. ITALIA SOCIETA ANONIMA DI NAVIGAZIONE.

District Court, S. D. New York.

December 12, 1939.


Attorney(s) appearing for the Case

Peter T. Kourides, of New York City (Silas B. Axtell, of New York City, of counsel), for plaintiff.

Dorsey & Flynn, of New York City (Leo P. Dorsey, of New York City, of counsel), for defendant.


CONGER, District Judge.

This is a motion to set aside a notice of discontinuance which plaintiff served upon defendant. As yet, no answer has been filed, but it is argued that defendant's previous motion to dismiss the complaint amounted to a general appearance, and that under Rule 41(a) (1) (ii) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, after there has been an appearance by the defendant, a voluntary dismissal can be had only by...

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