PADDOCK, TRUSTEE IN BANKRUPTCY,

v.

UNITED STATES

Citator

Cited By

• Diamond v. United States, 267 F.2d 23 (5th Cir. 1959)
  …under Rule 41(a) (2) is as to terms and conditions but not as to the right of a plaintiff to have entered an order of dismissal without prejudice. Bolten v. General Motors Corporation, 7 Cir., 1950, 180 F. 2d 379, 21 A.L.R.2d 623, certiorari denied 340 U.S. 813, 71 S.Ct. 41, 95 L.Ed. 598. The decision so holding has been criticized. Ockert v. Union Barge Line Corporation, 3 Cir., 1951, 190 F. 2d 303, 304. The better rule and that represented by the weight of authority is that the court may, in the exercis…
• Wilkins v. Hogan, 425 F.2d 1022 (10th Cir. 1970)
  …st be considered in the light most favorable to the party against whom the motion is directed. 2B Barron and Holtzoff, § 1079, pp. 412-13; Chicago, Rock Island & Pacific R. Co. v. Consumers Coop. Ass’n., 180 F. 2d 900 (10th Cir. 1950), cert. denied, 340 U.S. 813, 71 S.Ct. 42, 95 L.Ed. 598 (1950). It must be said that the facts and reasonable inferences present in this case furnish sufficient evidence favorable to appellee to present a jury question and to support the jury’s verdict thereon. Indeed, a fair a…