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SHELDON v. AMPEREX ELECTRONIC CORPORATION

No. 91, Docket 71-1501.

449 F.2d 146 (1971)

Edward Emanuel SHELDON, Plaintiff-Appellee, v. AMPEREX ELECTRONIC CORPORATION, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided October 8, 1971.

Attorney(s) appearing for the Case

Morris Relson, New York City, for defendant-appellant.

Sidney David, Newark, N. J. (Lerner, David & Littenberg, Newark, N. J., on the brief), for plaintiff-appellee.

Before LUMBARD, MANSFIELD and OAKES, Circuit Judges.

PER CURIAM:

This appeal raises the question of whether a plaintiff may, pursuant to Rule 41(a) (1) (i), F.R.Civ.P., voluntarily dismiss an action against one defendant after it has been severed from a multi-defendant suit. We hold that he may do so and affirm the district court's decision denying the motion of Amperex Electronics Corporation seeking to strike the dismissal, essentially for the reasons set forth by Judge Zavatt in his opinion, 52 F.R.D. 1 (E.D.N.Y...

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