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MUNICIPALITY OF SAN JUAN v. RULLAN

No. 02-2071.

318 F.3d 26 (2003)

MUNICIPALITY OF SAN JUAN, Plaintiff, Appellant, v. Johnny RULLAN, Secretary Of Health Of The Commonwealth of Puerto Rico, et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided January 24, 2003.

Attorney(s) appearing for the Case

Juan B. Soto-Balbas, with whom Ana L. Velilla-Arce and Mercado & Soto, P.S.C. were on brief, for appellant.

Camelia Fernández Romeu, Assistant Solicitor General, with whom Roberto J. Sánchez Ramos, Solicitor General, and Vanessa Lugo Flores, Deputy Solicitor General, were on brief, for appellees.

Before BOUDIN, Chief Judge, SELYA and LIPEZ, Circuit Judges.

SELYA, Circuit Judge.

This case involves the power of a district court, after a settled case has been voluntarily dismissed under Fed.R.Civ.P. 41(a)(1)(ii), to police the settlement through summary enforcement proceedings. We hold that a district court does not retain supplemental enforcement jurisdiction over a settlement after granting a Rule 41(a)(1)(ii) motion unless the parties either have agreed to incorporate the terms of the settlement into the dismissal order...

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