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SAHUTSKY v. NATIONAL DAIRY PRODS. CORP.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF PENNSYLVANIA


May 19, 1960

Monica B. SAHUTSKY
v.
NATIONAL DAIRY PRODUCTS CORP., Breyer Ice Cream Company, and Breyer Ice Cream Company, a Division of National Dairy Products Corporation

The opinion of the court was delivered by: GRIM

The power of imposing conditions on the right of a plaintiff to take a voluntary dismissal puts much discretion in the judge who passes upon the motion (see 5 Moore's Federal Practice, p. 1018 et seq.). Plaintiff brought the action in this court and now, having changed her mind, wishes to withdraw. It is only fair that certain conditions be imposed upon plaintiff as her motion for voluntary dismissal is granted. Plaintiff's motion for voluntary dismissal will be granted on condition that she pays (1) all the court costs in this court, (2) the cost of the deposition, and (3) a reasonable attorney's fee for the work defendants' attorneys have done as a result of the suit in this court.

 Defendants' motion for summary judgment is refused. AUTHOR: GRIM


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