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Iron Workers St. Louis v. Arrow Fence

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF ILLINOIS


February 22, 2011

IRON WORKERS ST. LOUIS DISTRICT COUNCIL ANNUITY TRUST, IRON WORKERS ST. LOUIS
DISTRICT COUNCIL PENSION FUND TRUST, IRON WORKERS ST. LOUIS DISTRICT COUNCIL
WELFARE PLAN, AND LOCAL 392 INTERNAITONAL ASSOCIATION OF BRIDGE, STRUCTURAL, ORNAMENTAL AND REINFORCING IRON WORKERS, AFL-CIO, PLAINTIFFS,
v.
ARROW FENCE, INC. AND JUSTIN BLUNT, DEFENDANTS.

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

MEMORANDUM AND ORDER

This matter is before the Court on the plaintiffs' Notice of Dismissal (Doc. 40), which the Court construes as a motion to dismiss without prejudice pursuant to Federal Rule of Civil Procedure 41(a)(2). Rule 41(a)(2) provides that only the Court may dismiss an action after an adverse party has filed an answer or motion for summary judgment and in the absence of a stipulation of dismissal. There being no objection from the defendant, the Court DISMISSES

this case without prejudice and DIRECTS the Clerk of Court to close the case.

IT IS SO ORDERED.

20110222

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