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HAMILTON v. SHEARSON-LEHMAN AMERICAN EXP., INC.

No. 85-6511.

813 F.2d 1532 (1987)

Timothy S. HAMILTON, Plaintiff-Appellant, v. SHEARSON-LEHMAN AMERICAN EXPRESS, INC., a Delaware Corporation, Van Ridgeway, Charles Hilton, and Robert Chandler, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided April 7, 1987.

Attorney(s) appearing for the Case

Nicholas F. Coscia, Rancho Santa Fe, Cal., for plaintiff-appellant.

Ben Suter, Long Beach, Cal., for defendants-appellees.

Before SNEED and SCHROEDER, Circuit Judges, and MARQUEZ, District Judge.

MARQUEZ, District Judge:

Hamilton appeals the District Court's order which denied him the right to voluntarily dismiss his complaint under Rule 41(a)(1)(i), Fed.R.Civ.P. Hamilton contends the rule confers an absolute right upon a plaintiff to dismiss an action by filing a notice of dismissal prior to an answer or a motion for summary judgment. We agree and reverse the order of the District Court.

A. Procedural History

Hamilton filed his complaint...

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