EVANS v. SAFEWAY STORES, INCORPORATED

No. 80-1271.

623 F.2d 121 (1980)

Alma W. EVANS, Appellant, v. SAFEWAY STORES, INCORPORATED, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided August 29, 1980.


Attorney(s) appearing for the Case

Woodson D. Walker, Chinula & Walker, P. A., Little Rock, Ark., filed brief for appellant.

Appellee did not file brief.

Before BRIGHT, STEPHENSON and ARNOLD, Circuit Judges.


PER CURIAM.

The sole issue on this appeal is whether the district court abused its discretion in awarding $200 attorney fees to defendant-appellee pursuant to Fed.R.Civ.P. 41(a)(2) and (d) when plaintiff-appellant filed a voluntary dismissal without prejudice of her tort action. We affirm.

On September 26, 1977, plaintiff filed a complaint in tort for injuries sustained upon defendant's premises. Approximately sixteen months later she filed a motion for continuance...

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