Home Oil Company, Inc. v. Flying J, Inc.

Filing 5

ORDER granting 4 Voluntary Motion to Dismiss, and this action is DISMISSED without prejudice; an appropriate judgment will be entered. Signed by Judge William Keith Watkins on 3/14/2007. (wcl, )

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Home Oil Company, Inc. v. Flying J, Inc. Doc. 5 Case 1:07-cv-00184-WKW-CSC Document 5 Filed 03/14/2007 Page 1 of 1 IN THE DISTRICT COURT OF THE UNITED STATES FOR THE MIDDLE DISTRICT OF ALABAMA SOUTHERN DIVISION HOME OIL COMPANY, INC., Plaintiff, v. FLYING J INC., Defendant. ) ) ) ) ) ) ) ) ) ORDER This action is presently before the court on Plaintiff's Voluntary Motion to Dismiss (Doc. # 4). Since defendant has not yet answered or filed a motion for summary judgment, plaintiff is entitled to dismiss this action pursuant to Fed. R. Civ. P. 41(a)(1)(i), which permits voluntary dismissal by plaintiffs without further order of the court. Accordingly, it is ORDERED that the motion to dismiss is GRANTED, and this action is DISMISSED without prejudice. An appropriate judgment will be entered. DONE this the 14th day of March, 2007. CASE NO. 1:07-cv-00184-WKW [wo] /s/ W. Keith Watkins UNITED STATES DISTRICT JUDGE Dockets.Justia.com

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