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UNIVERSIDAD CENT. DEL CARIBE, INC. v. LIAISON C. ON MED. ED.

No. 84-1489.

760 F.2d 14 (1985)

UNIVERSIDAD CENTRAL DEL CARIBE, INC., Plaintiff, Appellant, v. LIAISON COMMITTEE ON MEDICAL EDUCATION, Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided April 24, 1985.

Attorney(s) appearing for the Case

Judith Berkan, Santurce, P.R., with whom Miriam Naveira De Rodon, San Juan, P.R., and Oscar Gonzalez Badillo, Hato Rey, P.R., were on brief, for plaintiff, appellant.

Adrian Mercado, San Juan, P.R., with whom Rua & Mercado, San Juan, P.R., was on brief, for defendants, appellees.

Before COFFIN, Circuit Judge, WISDOM, Senior Circuit Judge, and BOWNES, Circuit Judge.

WISDOM, Senior Circuit Judge.

This case raises the issue whether a district court has discretion to convert a plaintiff's notice of voluntary dismissal without prejudice under Fed.R.Civ.P. 41(a)(1) into a dismissal with prejudice under Rule 41(a)(2). Rule 41(a)(1)(i) allows a plaintiff voluntarily to dismiss a case by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs...

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