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CLEVELAND v. MERCANTILE TRUST CO.

No. 2546.

45 F.Supp. 205 (1942)

CLEVELAND et al. v. MERCANTILE TRUST CO., et al.

District Court D. Maryland.

May 26, 1942.

Attorney(s) appearing for the Case

Charles R. Posey, Jr., of Baltimore, Md., and Lucking, Van Auken & Sprague and Wm. Alfred Lucking, all of Detroit, Mich., for plaintiff.

Harry N. Baetjer (of Venable, Baetjer & Howard) and Norwood B. Orrick, all of Baltimore, Md., for defendant.

CHESNUT, District Judge.

Both the plaintiff and the defendant have filed motions to dismiss certain prayers of the bill of complaint which was filed in this court on June 2, 1938. Plaintiff insists that the dismissal should be without prejudice. Defendant, however, submits an order for dismissal which, in terms, does not expressly state that it is with prejudice, but contends the effect of it will be a dismissal with prejudice. The question is whether the order...

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