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HAMILTON v. FIRESTONE TIRE & RUBBER CO., INC.

No. 81-5360.

679 F.2d 143 (1982)

James HAMILTON, as Administrator of the Estate of Gordon Daniel Hamilton, deceased, Plaintiff-Appellee, v. FIRESTONE TIRE & RUBBER COMPANY, INC., Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided March 26, 1982.

Attorney(s) appearing for the Case

James M. Derr, Belcher, Henzie, Biegenzahn, Chertok & Walker, Los Angeles, Cal., for defendant-appellant.

Dennis R. Spirgen, LaFollette, Johnston, Schroeter & DeHaas, Los Angeles, Cal., for plaintiff-appellee.

Before ELY, NELSON, and CANBY, Circuit Judges.

ELY, Circuit Judge.

Appellant Firestone Tire & Rubber Co., Inc. ["Firestone"] appeals from the District Court's dismissal, without prejudice, of appellee Hamilton's wrongful death/products liability claim pursuant to Fed.R.Civ.P. 41(a)(2). Firestone contends that, because it had filed a counterclaim and cross-claim and had proceeded with discovery, the District Court erred in dismissing the complaint to allow Hamilton to pursue a pending parallel claim in Alabama...

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