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HOLIDAY QUEEN LAND CORPORATION v. BAKER

No. 73-1119.

489 F.2d 1031 (1974)

HOLIDAY QUEEN LAND CORPORATION, Plaintiff-Appellant, v. Barton BAKER et al., Defendants, Insurance Company of North America, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

February 25, 1974.

Attorney(s) appearing for the Case

Charles R. Stack, Miami, Fla., for plaintiff-appellant.

Charles F. Mills, Miami, Fla., John Carruthers, II, Coral Gables, Fla., for Ins. Co. of North America.

Hugh S. Glickstein, Hollywood, Fla., for King.

Leroy N. Friedman, Philadelphia, Pa., for other defendants.

Before WISDOM, AINSWORTH and GEE, Circuit Judges.

PER CURIAM:

Holiday Queen seeks review of the district court's refusal to dismiss without prejudice, under Rule 41(a)(2), F. R.Civ.P.,1 Holiday Queen's action against Insurance Company of North America (INA). Holiday Queen sought voluntary dismissal of INA because of Holiday Queen's inability to present evidence of its claim against INA on the date set for trial. As a result the district court entered judgment in favor of INA and

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