 | United States. Supreme Court - Courts - 1940 - 894 pages
...the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.... | |
 | United States. Court of Claims, Audrey Bernhardt - Law reports, digests, etc - 1951 - 840 pages
...the service upon it of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the Court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.... | |
 | Civil procedure - 1938 - 152 pages
...the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.... | |
 | United States. Customs Court - Customs administration - 1970 - 1246 pages
...the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court Unless otherwise specified In the order, a dismissal under this paragraph la without prejudice.... | |
 | United States - Law - 1982 - 1226 pages
...the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.... | |
 | United States - Law - 1988 - 1120 pages
...upon the defendant of the plaintiff's motion to dismiss, the action shall not be dismissed against hall include the names of all the parties (.See Rule 20(a)), the United States being designated as t the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.... | |
 | United States. Congress. House. Committee on the Judiciary - Civil procedure - 1961 - 92 pages
...the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.... | |
 | Guam, John A. Bohn - Civil procedure - 1970 - 528 pages
...the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication by the court. Unless otherwise specified in the order, a dismissal under this paragraph is without prejudice.... | |
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If a counterclaim has been pleaded by a defendant prior to the service upon him of the plaintiff's motion to dismiss, the action shall not be dismissed against the defendant's objection unless the counterclaim can remain pending for independent adjudication... 
