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PILOT FREIGHT CAR., INC. v. INT. BRO. OF TEAM.

No. 74-1031.

506 F.2d 914 (1975)

PILOT FREIGHT CARRIERS, INC., Plaintiff-Appellee, v. INTERNATIONAL BROTHERHOOD OF TEAMSTERS et al., Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

January 15, 1975.

Attorney(s) appearing for the Case

Robert J. Higgins, Washington, D. C., Frank E. Hamilton, Jr., Tampa, Fla., for Int'l Brotherhood, etc.

Thomas J. Dorsey, Miami, Fla., Thomas A. Larkin, Jacksonville, Fla., L. N. D. Wells, Jr., Dallas, Tex., for Local Unions.

Granville Alley, Jr., V. James Facciolo, Cody Fowler, Ronald D. McCall, Thomas T. Steele, Tampa, Fla., for plaintiff-appellee.

Robert H. Cowan, Nashville, Tenn., for R. V. Pulliam.

Before DYER, SIMPSON and CLARK, Circuit Judges.

DYER, Circuit Judge:

Subject to certain restrictions not here relevant, Federal Rule of Civil Procedure 41(a)(1) on its face grants a plaintiff an unconditional right to dismiss his complaint by notice and without order of the court at any time prior to the defendant's service of an answer or motion for summary judgment. On this appeal, we are invited to narrow the express parameters of this right by holding that such a dismissal is unavailable to a plaintiff who...

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