CAMACHO v. MANCUSO

No. 94-2215.

53 F.3d 48 (1995)

Fernando CAMACHO; Luisa Camacho, Plaintiffs-Appellees, v. Salvatore M. MANCUSO, Detective, Montgomery County Police Department; David C. Hardy, Police Officer; Leland A. Baughman, Police Officer, Defendants-Appellants, and Montgomery County, State of Maryland, Defendant.

United States Court of Appeals, Fourth Circuit.

Decided May 10, 1995.


Attorney(s) appearing for the Case

ARGUED: Edward Barry Lattner, Asst. County Atty., Rockville, MD, for appellants. Anthony Douglas Martin, Martin & Cole, Mitchellville, MD, for appellees. ON BRIEF: Marc P. Hansen, Acting County Atty., and Linda B. Thall, Senior Asst. County Atty., Rockville, MD, for appellants.

Before WILLIAMS, MICHAEL, and MOTZ, Circuit Judges.


Affirmed and remanded by published per curiam opinion. Judge MOTZ wrote a dissenting opinion.

OPINION

PER CURIAM:

This interlocutory appeal pursuant to 28 U.S.C. § 1292(b) (1988) presents a question of first impression in this Circuit: If the parties concede that they intended to dismiss the lawsuit, does a notice of dismissal signed and filed by only one of the parties satisfy the requirements of Fed...

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