JOHN W. PECK, Circuit Judge.
The sole issue presented by the parties to this appeal is whether a district judge can, in the exercise of his discretion, invalidate a notice of dismissal filed by the plaintiff under Rule 41(a)(1)(i), Federal Rules of Civil Procedure, prior to service "by the adverse party of an answer or of a motion for summary judgment . . .."
The factual background underlying this case and the issues raised in this appeal date from October...
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