FERGUSON v. EAKLE

No. 73-1649.

492 F.2d 26 (1974)

John FERGUSON, Jr., et al. v. George H. EAKLE et al. Appeal of John KITTREDGE and Lois Kittredge.

United States Court of Appeals, Third Circuit.

Decided February 15, 1974.


Attorney(s) appearing for the Case

Patrick W. Kittredge, Harold Greenberg, Thomas M. Kittredge, Philadelphia, Pa., Charles W. Heuisler, Camden, N. J., for appellants; Cohen, Shapiro, Polisher, Shiekman and Cohen, Morgan, Lewis & Bockius, Philadelphia, Pa., of counsel.

Gerard C. Gross, McGahn and Friss, Atlantic City, N. J., for appellees.

Before VAN DUSEN, ALDISERT and ROSENN, Circuit Judges.


OPINION OF THE COURT

ALDISERT, Circuit Judge.

The sole question remaining in this appeal is whether the district court abused its discretion in granting a voluntary dismissal of plaintiff-appellees' complaint in equity. After both the complaint and defendant-appellants' counterclaim were dismissed, the defendant lodged this appeal. Plaintiff-appellee has now conceded that it was error to dismiss the counterclaim.

The record discloses that the plaintiff...

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