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DOE v. UROHEALTH SYSTEMS, INC.

No. 99-1432.

216 F.3d 157 (2000)

John DOE, Plaintiff, Appellee, v. UROHEALTH SYSTEMS, INC., Defendant, Appellant.

United States Court of Appeals, First Circuit.

Decided June 26, 2000.

Attorney(s) appearing for the Case

Brooks R. Magratten, with whom Benjamin V. White and Vetter & White, were on brief for appellant.

Albert R. Romano, with whom Romano & Spinella, was on brief for appellee.

Before BOUDIN, STAHL, and LIPEZ, Circuit Judges

STAHL, Circuit Judge.

Defendant-appellant Urohealth Systems, Inc. ("Urohealth") appeals the district court's order, entered pursuant to Fed. R.Civ.P. 41(a)(2), granting plaintiff-appellee John Doe's motion to dismiss voluntarily and without prejudice this diversity suit. We reverse and remand.

I.

In the late summer of 1995, John Doe sought treatment for impotence and consulted a urologist, Dr. Jacques Susset, who recommended the surgical implantation...

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