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SAFEGUARD BUSINESS SYSTEMS, INC. v. HOEFFEL

No. 89-2730.

907 F.2d 861 (1990)

SAFEGUARD BUSINESS SYSTEMS, INC., a Delaware corporation, Appellant, v. Judith HOEFFEL, d/b/a Judith Hoeffel Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Decided July 12, 1990.

Attorney(s) appearing for the Case

Frederick H. Riesmeyer, II, Kansas City, Mo., for appellant.

Douglas S. Laird, Kansas City, Mo., for appellee.

Before MAGILL, Circuit Judge, FLOYD R. GIBSON, Senior Circuit Judge and BEAM, Circuit Judge.

BEAM, Circuit Judge.

This appeal requires us to construe Fed. R.Civ.P. 41(a)(1), which permits a plaintiff to voluntarily dismiss an action without prejudice before a motion for summary judgment or an answer is filed. In this action, plaintiff Safeguard Business Systems, Inc. sought a temporary restraining order, injunctive relief, and damages against defendant Judith Hoeffel. Following an evidentiary hearing on September 19, 1989, the district court announced from...

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