PEDRINA v. CHUN

No. 92-15065.

987 F.2d 608 (1993)

Raymond PEDRINA, et al., Plaintiffs-Appellants, v. Han Kuk CHUN; Y.Y. Valley Corp.; Tetsuo Yasuda; Robert Carter; Masanori Kobayashi; Yoshinori "Ken" Hayashida; City and County of Honolulu; Frank F. Fasi, Mayor; Hiroshi Kobayashi; Eugene Lum; Nora Lum; Ernest Souza, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided March 4, 1993.


Attorney(s) appearing for the Case

Thomas Lavigne, Kaneohe, Hawaii; Anthony P. Locricchio, Kailua, Hawaii, for plaintiffs-appellants.

Paul Alston, Alston Hunt Floyd & Ing; Robert C. Godbey, Gilbert & Jeynes; Stanley E. Levin; Rodney Veary, Deputy City Atty.; James E. Duffy, Jr., Fujiyama Duffy & Fujiyama; Wallace S. Fujiyama; Mervyn Kotake; Eugene Lum; Robert J. Hackman, Goodsill Anderson Quinn & Stifel, Honolulu, Hawaii, for defendants-appellees.

Before BROWNING, NORRIS, and REINHARDT, Circuit Judges.


WILLIAM A. NORRIS, Circuit Judge:

Rule 41(a)(1) of the Federal Rules of Civil Procedure provides, in relevant part:

[A]n action may be dismissed by the plaintiff without order of court (i) by filing a notice of dismissal at any time before service by the adverse party of an answer or of a motion for summary judgment, whichever first occurs.

The question presented by this appeal is whether Rule 41(a)(1) allows a plaintiff to dismiss without a court...

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