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AMERICAN NAT. BANK AND TRUST CO. v. BIC CORP.

No. 90-5174.

931 F.2d 1411 (1991)

AMERICAN NATIONAL BANK AND TRUST COMPANY OF SAPULPA; Michael Stutman, co-guardians of: William Brooks Balthis, a minor; Debra Leanne Balthis, a minor; David Balthis, a minor, Plaintiffs-Appellees, v. BIC CORPORATION, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

April 30, 1991.

Attorney(s) appearing for the Case

E. Terrill Corley and Thomas F. Ganem, Tulsa, Okl., Walter Michael Jones, Bristow, Okl., Stephen R. Clark, Bradford Williams, Tulsa, Okl., for plaintiffs-appellees.

Gary M. Chubbuck and D. Craig Johnston of Pierce, Couch, Hendrickson, Johnston & Baysinger, Oklahoma City, Okl., Michael S. Ryan and William L. Moran of Murnane, Conlin, White, Brandt & Hoffman, St. Paul, Minn., for defendant-appellant.

Before ANDERSON, TACHA, Circuit Judges, and KANE, District Judge.

STEPHEN H. ANDERSON, Circuit Judge.

Defendant appeals from an order of the district court dismissing this action without prejudice to subsequent refiling. See Fed.R.Civ.P. 41(a)(2). Defendant argues on appeal that the dismissal should have been on the condition that any refiling of the action be in federal, not state, court. We affirm.1

Plaintiffs commenced an action in Oklahoma district court against defendant. Defendant...

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