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BLUE MOUNTAIN CONSTRUCTION COMPANY v. WERNER

No. 16206.

270 F.2d 305 (1959)

BLUE MOUNTAIN CONSTRUCTION COMPANY, a Corporation, Appellant, v. H. C. WERNER and Tauf Charneski, Appellees.

United States Court of Appeals Ninth Circuit.

Rehearing Denied September 21, 1959.

Attorney(s) appearing for the Case

Cashatt & Williams, Jerome Williams, Spokane, Wash., for appellant.

Norman B. Kobin, Leo Levenson, Portland, Or., for appellees.

Before HEALY, ORR and FEE, Circuit Judges.

ORR, Circuit Judge.

On the 4th day of April, 1958, appellant filed in the United States District Court of Oregon a complaint seeking damages for alleged breaches of three sub-contracts entered into with appellees.

On April 28, 1958, defendants served and filed their answer. No affirmative relief was sought.

On May 19, 1958, appellant moved for a dismissal of the action without prejudice under Rule 41(a) (2...

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