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THORP v. SCARNE

No. 845, Docket 78-7591.

599 F.2d 1169 (1979)

Edward O. THORP, Plaintiff-Appellant, v. John SCARNE and Simon & Schuster, Inc., Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 6, 1979.

Attorney(s) appearing for the Case

Thomas L. Creel, New York City (Charles R. Brainard, Suzanne L. Biggs, Kenyon & Kenyon, John K. Armstrong, Armstrong & Ulrich, New York City, of counsel), for plaintiff-appellant.

Richard Dannay, New York City (Schwab, Goldberg, Price & Dannay, New York City, of counsel), for defendants-appellees.

Before MOORE, FRIENDLY, and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

Rule 41 of the Federal Rules of Civil Procedure permits a plaintiff, under certain conditions, to dismiss an action without prejudice and without the consent of either the court or the defendant. This appeal presents for our consideration two issues: (1) our jurisdiction to entertain an appeal from a district court order purporting to vacate a plaintiff's notice of dismissal filed in apparent conformance with Rule 41(a)(1)(i), and (2) the proper...

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