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LITTMAN v. BACHE & CO.

No. 141, Docket 24672.

252 F.2d 479 (1958)

Joseph W. LITTMAN, Plaintiff-Appellant, v. BACHE & CO., Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 4, 1958.

Attorney(s) appearing for the Case

Stull & Stull, Robert A. Stull, New York City, on the brief, for plaintiff-appellant.

Milbank, Tweed, Hoppe & Hadley, New York City (William E. Jackson, George H. Bailey, New York City, of counsel), for defendant-appellee.

Before HINCKS, LUMBARD, and WATERMAN, Circuit Judges.

WATERMAN, Circuit Judge.

The question presented by this appeal is whether the plaintiff-appellant had an unconditional right to dismiss this action before service by the defendant of an answer or of a motion for summary judgment. The answer lies in construction of Rule 41(a) Fed.Rules Civ.Proc., 28 U.S.C., which rule we previously have construed in Harvey Aluminum, Inc., v. American Cyanamid Co., 2 Cir., 1953, 203 F.2d 105, certiorari...

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