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ENGELHARDT v. BELL & HOWELL COMPANY

No. 16746.

299 F.2d 480 (1962)

Fred ENGELHARDT, d/b/a Engelhardt's Camera Store, Appellant, v. BELL & HOWELL COMPANY, a corporation, Appellee.

United States Court of Appeals Eighth Circuit.

February 20, 1962.

Attorney(s) appearing for the Case

Sylvan Agatstein, St. Louis, Mo., for appellant; Gerhard J. Petzall, of Shifrin, Treiman, Agatstein & Schermer, St. Louis, Mo., on the brief.

Richmond C. Coburn, St. Louis, Mo., for appellee; Thomas L. Croft and Gerald M. Smith, of Coburn, Croft & Cook, St. Louis, Mo., J. R. Blomquist, of Campbell, Miller, Carroll & Paxton, Chicago, Ill., on the brief.

Before VOGEL, VAN OOSTERHOUT and BLACKMUN, Circuit Judges.

VOGEL, Circuit Judge.

Fred Engelhardt, d/b/a Engelhardt's Camera Store, hereinafter referred to as plaintiff, appeals from a judgment of the District Court sustaining Bell & Howell Company's (referred to here as defendant) motion for summary judgment based on the grounds that under Rule 41(a) (1) of the Federal Rules of Civil Procedure, 28 U.S.C.A., two voluntary dismissals of a prior suit operated as an adjudication upon the merits, thus preventing maintenance...

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