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PLUMBERMAN, INC. v. URBAN SYSTEMS DEVELOPMENT CORP.

No. 79-1710 Summary Calendar.

605 F.2d 161 (1979)

The PLUMBERMAN, INC., Plaintiff-Appellant, v. URBAN SYSTEMS DEVELOPMENT CORPORATION and Federal Insurance Company, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 24, 1979.

Attorney(s) appearing for the Case

Robert L. Littlefield, Jr., Decatur, Ga., for plaintiff-appellant.

Nicholson & Meals, E. Penn Nicholson, Troutman, Sanders, Lockerman & Ashmore, Robert L. Pennington, Atlanta, Ga., for defendants-appellees.

Before CLARK, GEE and FRANK M. JOHNSON, Jr., Circuit Judges.

PER CURIAM:

This case presents the question whether the dismissal of a previous action was with or without prejudice. If the previous action was dismissed with prejudice, this claim is barred by res judicata, and summary judgment was properly granted for defendant. Because we find that the dismissal was a voluntary dismissal pursuant to Rule 41(a), we hold that it was without prejudice to the merits of the action and accordingly...

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