KERN v. TXO PRODUCTION CORP.

No. 83-2505.

738 F.2d 968 (1984)

Frances KERN, Appellee, v. TXO PRODUCTION CORPORATION, Appellant.

United States Court of Appeals, Eighth Circuit.

Decided July 17, 1984.


Attorney(s) appearing for the Case

Rex M. Terry, Hardin, Jesson & Dawson, Fort Smith, Ark., for appellant TXO Production Corp.

P.K. Holmes, III, Warner & Smith, Fort Smith, Ark., for appellee Frances Kern.

Before McMILLIAN, Circuit Judge, HENLEY, Senior Circuit Judge, and ARNOLD, Circuit Judge.


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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