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U.S. D.I.D. CORP. v. WINDSTREAM COMMUNICATIONS

No. 13-206-CV.

775 F.3d 128 (2014)

U.S. D.I.D. CORP., Plaintiff-Appellant, v. WINDSTREAM COMMUNICATIONS, INC., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: December 22, 2014.

Attorney(s) appearing for the Case

Joseph K. Scully , Day Pitney LLP, Hartford, CT ( Nancy Kourland , Rosen & Associates, P.C., New York, New York, on the brief), for Plaintiff-Appellant.

Brian J. Butler , Bond, Schoeneck & King, PLLC, Syracuse, NY, for Defendant-Appellee.

Before: KATZMANN, Chief Judge, WALKER and DRONEY, Circuit Judges.

This appeal presents the question of whether a defendant may recover costs and damages from security posted by a plaintiff in obtaining a temporary restraining order ("TRO"), even though the plaintiff later filed a notice of voluntary dismissal without prejudice, preventing a final adjudication on the merits. The U.S. District...

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