DIAMOND

v.

UNITED STATES

Citator

Cited By (17 total)

• Union Tr. Co. v. Fields, 176 So. 2d 339 (Fla. 2d DCA 1965)
  …t that late stage. Cook v. Lichtblau, supra at note 23, citing 2B Barron and Holtzoff, Federal Practice and Procedure, § 912; 5 Moore’s Federal Practice, Par. 41.05 [1]. . Cf. Diamond v. United States. 5 Cir. 1959, 267 F. 2d 23 (cert. denied, 1959, 361 U.S. 834, 80 S.Ct. 85, 4 L.Ed.2d 75) (dismissal without prejudice entered day before case listed for trial without notice to defendant vacated and cause remanded for hearing on motion to determine whether or not cause should have been dismissed without preju…
• Woelke & Romero Framing, Inc. v. Nat'l Labor Relations Bd., 456 U.S. 645 (U.S. 1982)
  …nc. (St. Maurice, Helmkamp & Musser), 119 N. L. R. B. 1026 (1957), review denied and enf’d sub nom. Operating Engineers Local Union No. 3 v. NLRB, 105 U. S. App. D. C. 307, 266 F. 2d 905, cert. denied sub nom. St. Maurice, Helmkamp & Musser v. NLRB, 361 U. S. 834 (1959).11 Significantly, petitioners are unable to point to any pre-1959 cases in which a subcontracting agreement was found to be unlawful because it was not limited to particular jobsites at which the signatory union workers were employed. A repo…
• LeCOMPTE v. MR. Chip, Inc., 528 F.2d 601 (5th Cir. 1976)
  …ithout prejudice is not absolute. Rather, dismissal on motion under Rule 41(a)(2) is within the sound discretion of the court, and its order is reviewable only for abuse of discretion. Diamond v. United States, 267 F. 2d 23 (5th Cir.), cert. denied, 361 U.S. 834, 80 S.Ct. 85, 4 L.Ed.2d 75 (1959). When considering a dismissal without prejudice, the court should keep in mind the interests of the defendant, for it is his position which should be protected. 9 Wright & Miller, Federal Practice & Procedure: Civi…

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