ARNOLD, Circuit Judge.
TXO Production Corporation appeals from the District Court's order dismissing without prejudice Frances Kern's action against it. TXO claims that the dismissal, which came after the trial had begun, should have been with prejudice, or, in the alternative, should at least have been conditioned on the payment by plaintiff of its costs and lawyers' fees. We cannot agree that it was an abuse of discretion to dismiss the complaint without prejudice...
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