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FOSS v. FEDERAL INTERMEDIATE CREDIT BANK OF ST. PAUL

No. 85-5449.

808 F.2d 657 (1986)

Dwight A. FOSS and Nellie Foss, husband and wife, Appellants, v. FEDERAL INTERMEDIATE CREDIT BANK OF SAINT PAUL, Production Credit Association of Fargo, Merrill Knodle, Bernard Johnson, Charles Troftruben, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided December 31, 1986.

Attorney(s) appearing for the Case

John Remington Graham, Brainerd, Minn., for appellants.

Paul F. Richard, Fargo, N.D., for appellees.

Before HEANEY and WOLLMAN, Circuit Judges, and DUMBAULD, United States Senior District Judge.

HEANEY, Circuit Judge.

The question raised on this appeal is whether appellants should have been allowed to file a voluntary dismissal without prejudice pursuant to Fed.R.Civ.P. 41(a)(1)(i).

Dwight and Nellie Foss commenced the instant action in federal district court against the Production Credit Association of Fargo and others (collectively referred to as appellees) seeking a judgment declaring various instruments evidencing their indebtedness to the Fargo...

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