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PUERTO RICO MARITIME SHIPPING AUTHORITY v. LEITH

No. 81-1069.

668 F.2d 46 (1981)

PUERTO RICO MARITIME SHIPPING AUTHORITY, Plaintiff, Appellee, v. Robert LEITH and Puerto Rico Line, Inc., Defendants, Third-Party Plaintiffs, Appellants, v. PUERTO RICO MARINE MANAGEMENT, INC., Caribbean Bunkering Co. and John Doe, Third-Party Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided December 15, 1981.

Attorney(s) appearing for the Case

Gerardo A. Carlo, San Juan, P. R., with whom Joseph Chalverus-Bertrand, San Juan, P. R., was on brief, for defendants, third-party plaintiffs, appellants.

Herbert W. Brown, III, San Juan, P. R., with whom Jimenez & Fuste, San Juan, P. R., was on brief, for plaintiff, appellee.

Before CAMPBELL and BOWNES, Circuit Judges, and VAN DUSEN, Senior Circuit Judge.

VAN DUSEN, Senior Circuit Judge.

This is an appeal from a voluntary dismissal under Rule 41(a)(2) of the Federal Rules of Civil Procedure, granted without prejudice and without the imposition of costs or attorney's fees. We affirm the dismissal as within the discretion of the district court.

I.

On May 27, 1977, Puerto Rico Line, Inc., through its president, Robert Leith, contracted to sell over 3,000 barrels of fuel oil to Puerto Rico Maritime Shipping...

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