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POLORON PROD., INC. v. LYBRAND ROSS BROS. & MONTGOMERY

No. 178, Docket 75-7271.

534 F.2d 1012 (1976)

POLORON PRODUCTS, INC. (with substitution applied for by Dynamark Corporation, assignee), Plaintiff-Appellant, v. LYBRAND ROSS BROS. & MONTGOMERY, Defendant and Third-Party Plaintiff-Appellee, v. POLORON PRODUCTS OF INDIANA, INC., et al., Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided April 5, 1976.

As Modified on Denial of Rehearing May 18, 1976.

Attorney(s) appearing for the Case

Martin R. Gold, New York City (Charles B. Ortner, Gold, Farrell & Marks, New York City, of counsel), for plaintiff-appellant and third-party defendant Dynamark Corp.

William M. Barron, New York City (Powell Pierpoint, Hughes Hubbard & Reed, New York City, of counsel), for defendant-appellee.

Before OAKES, VAN GRAAFEILAND and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

Poloron Products, Inc. ("Poloron") appeals from an order of the United States District Court for the Southern District of New York, Conner, J., dismissing its amended complaint on the ground that two prior voluntary dismissals of the action by the plaintiff in the present action had the effect of a dismissal on the merits. The district court's opinion is reported at 66 F.R.D. 610 (S.D.N.Y.1975). The district court held that the instant suit...

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