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GRAVATT v. COLUMBIA UNIVERSITY

No. 533, Docket 87-7677.

845 F.2d 54 (1988)

Robert H. GRAVATT, Plaintiff-Appellant, v. COLUMBIA UNIVERSITY, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided April 22, 1988.

Attorney(s) appearing for the Case

Roger K. Heidenreich, Chicago, Ill. (Robert H. Gravatt, pro se, on the brief), for plaintiff-appellant.

Charles B. Updike, New York City (Thomas J. Dolan, Schoeman, Marsh, Updike & Welt, New York City, on the brief), for defendant-appellee.

Before OAKES, NEWMAN and MINER, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

This appeal presents the narrow issue whether a plaintiff who seeks to dismiss his complaint without prejudice must be afforded an opportunity to withdraw his motion in the event that the trial judge decides that, if the motion is granted, the complaint will be dismissed with prejudice. The issue arises on an appeal by Robert H. Gravatt from a judgment of the District Court for the Southern District of New York (Whitman...

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