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AMERICAN CYANAMID COMPANY v. McGHEE

No. 19538.

317 F.2d 295 (1963)

AMERICAN CYANAMID COMPANY, Appellant, v. Robert A. McGHEE, Appellee.

United States Court of Appeals Fifth Circuit.

May 8, 1963.

Attorney(s) appearing for the Case

A. Lee Bradford, Dixon, DeJarnette, Bradford, Williams, McKay & Kimbrell, Miami, Fla., for appellant.

Fred Patrox, Miami, Fla., for appellee.

Before JONES and BELL, Circuit Judges, and CARSWELL, District Judge.

CARSWELL, District Judge.

Appellant, defendant below, seeks review of the trial court's order fixing terms and conditions of dismissal of a negligence action. The single issue here is whether a voluntary dismissal by order of court after an initial voluntary dismissal of the same suit by notice in a state court bars the filing of a third suit in federal court under the provisions of Rule 41(a), Federal Rules of Civil Procedure.1

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