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SUTTON PLACE DEV. CO. v. ABACUS MORTG. INV. CO.

No. 85-2633.

826 F.2d 637 (1987)

SUTTON PLACE DEVELOPMENT COMPANY, a Florida corporation, Henry Weiss and Carol Weiss, Plaintiffs-Appellants, v. ABACUS MORTGAGE INVESTMENT COMPANY, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided August 12, 1987.

Rehearing and Rehearing Denied October 22, 1987.

Attorney(s) appearing for the Case

Stephen P. Sinnott, Sinnott & Kromelow, Chicago, Ill., for plaintiffs-appellants.

Robert L. Price, D'Ancona & Pflaum, Chicago, Ill., for defendant-appellee.

Before CUDAHY and RIPPLE, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied October 22, 1987.

RIPPLE, Circuit Judge.

In this case, we are asked to determine whether the district court correctly applied the so-called "two dismissal" rule of Fed.R.Civ.P. 41(a)(1)1 in the rather atypical situation presented by this litigation. Because we respectfully disagree with the decision of the district court, we reverse its judgment and...

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