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LeCOMPTE v. MR. CHIP, INC.

No. 75-2743. Summary Calendar.

528 F.2d 601 (1976)

Milton LeCOMPTE, Plaintiff-Appellant, v. MR. CHIP, INC., et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

March 15, 1976.

Attorney(s) appearing for the Case

R. M. Sharpe, Jr., Houston, Tex., Bill Sanders, Beaumont, Tex., for plaintiff-appellant.

Jack L. Allbritton, H. Lee Lewis, Jr., Houston, Tex., for defendants-appellees.

Before THORNBERRY, MORGAN and RONEY, Circuit Judges.

RONEY, Circuit Judge:

Plaintiff on this appeal argues that the district court imposed unreasonable conditions upon a voluntary dismissal without prejudice entered pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure. Defendants counter that the terms attached by the district court to the dismissal without prejudice were not unreasonable and were within the court's discretion, and in any event, they assert the order is not appealable. Finding the order...

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