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UNITED STATES v. OUTBOARD MARINE CORP.

No. 85-1584.

789 F.2d 497 (1986)

UNITED STATES of America, Plaintiff-Appellee, and The People of the State of Illinois, Intervenors-Appellees, v. OUTBOARD MARINE CORP., Defendant, Third-Party Plaintiff and Cross-Claim Defendant-Appellant, and Monsanto Company, Defendant, Third-Party Defendant and Cross-Claim Intervenor-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided April 22, 1986.

As Amended on Denial of Rehearing and Rehearing May 22, 1986.

Attorney(s) appearing for the Case

Richard J. Phelan, Phelan, Pope & John, Robert E. Shapiro, Kirkland & Ellis, Chicago, Ill., for appellants.

James P. White, Asst. U.S. Atty., Anton Valukas, U.S. Atty., Chicago, Ill., for appellee.

Before BAUER and COFFEY, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

As Amended on Denial of Rehearing and Rehearing En Banc May 22, 1986.

COFFEY, Circuit Judge.

The appellants, Outboard Marine Corporation ("OMC") and Monsanto Company ("Monsanto") appeal a district court order granting the motion of the United States and the State of Illinois dismissing their action against the appellants without prejudice, pursuant to Fed.R.Civ.P. 41(a)(2),1 on the condition that the United States and State of...

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