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United States v. Dover Tank & Plate Co.

November 6, 2009

UNITED STATES OF AMERICA, PLAINTIFF,
v.
DOVER TANK & PLATE CO., A/K/A DT&P, DEFENDANT.



The opinion of the court was delivered by: J. Phil Gilbert District Judge

MEMORANDUM & ORDER

This matter comes before the Court on the Government's Motion to Dismiss (Doc. 3). Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), a plaintiff has an absolute right to dismiss an action without a court order at any time before service by an adverse party of an answer or of a motion for summary judgment, whichever first occurs. The defendant had not yet filed an answer or motion for summary judgment in this case. The Court therefore CONSTRUES the instant motion (Doc. 3) as a Notice of Dismissal and finds that all claims of the Government against Defendant Dover Tank & Plate Co. DISMISSED without prejudice. The Court DIRECTS the Clerk of Court to enter judgment accordingly.

IT IS SO ORDERED.

20091106

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