James Hamilton, as Administrator of the Estate of Gordon Daniel Hamilton, Deceased v. Firestone Tire & Rubber Company, Inc.

U.S. Court of Appeals, Ninth Circuit · Decided 1982-03-26

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ELY, Circuit Judge. Appellant Firestone Tire Rubber Co., Inc. [“Firestone”] appeals from the District Court’s dismissal, without prejudice, of appellee Hamilton’s wrongful death/products liability claim pursuant to Fed.R.Civ.P. 41(a)(2). Firestone contends that, because it had filed a counterclaim and cross-claim and had proceeded with discovery, the District Court erred in…

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