SHAFFER v. EVANS

No. 5955.

263 F.2d 134 (1958)

Donald O. SHAFFER, Appellant, v. James EVANS, Appellee.

United States Court of Appeals Tenth Circuit.

December 29, 1958.


Attorney(s) appearing for the Case

Clinton R. Barry, Fort Smith, Ark., on brief for appellant.

Jack M. Thomas, Tulsa, Okl. (Truman B. Rucker, B. W. Tabor and Joseph A. Sharp, Tulsa, Okl., were with him on the brief), for appellee.

Before PHILLIPS, MURRAH and LEWIS, Circuit Judges.


PER CURIAM.

The plaintiff appeals from an order of the trial court dismissing his suit with prejudice when he declined to proceed further upon the court's denying his motion to dismiss the action without prejudice after the defendant had filed an answer. The sole contention on appeal is that the court erred in denying the motion to dismiss the suit without prejudice.

In the interest of protecting the rights of all the parties and accomplishing expeditious...

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