STEVEDORING SERVICES OF AMERICA v. ARMILLA INTERN.

Nos. 88-15233, 88-15707.

889 F.2d 919 (1989)

STEVEDORING SERVICES OF AMERICA, a Washington corporation; Balfour Guthrie Marine, Ltd. (B.C. Canada); Western Stevedoring Company, Ltd., Plaintiffs-Appellees, v. ARMILLA INTERNATIONAL B.V.; Armilla International (London) Ltd., Defendants-Appellants, and Ancora Transport, N.V., Defendant.

United States Court of Appeals, Ninth Circuit.

Decided November 21, 1989.


Attorney(s) appearing for the Case

George L. Waddell, Dorr, Cooper & Hays, San Francisco, Cal., for defendants-appellants.

Gordon T. Carey, Jr., Portland, Or., for plaintiffs-appellees.

Before NORRIS, THOMPSON and O'SCANNLAIN, Circuit Judges.


DAVID R. THOMPSON, Circuit Judge:

Armilla International ("Armilla") appeals the order and judgment of the district court granting Stevedoring Services of America's ("SSA") Fed.R.Civ.P. 41(a)(2) motion to voluntarily dismiss without prejudice while denying Armilla's request to condition such dismissal on a requirement that SSA pay Armilla's costs and attorney fees. We affirm.

FACTS AND PROCEEDINGS

This case arises out of a contract between SSA and...

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