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HEAT AND FROST INS. OF NORTHERN CALIFORNIA v. PDQ GROUP

May 7, 2003

HEAT AND FROST INSULATORS OF NORTHERN CALIFORNIA, ET AL. PLAINTIFFS, VS. PDQ GROUP, INC. DBA THERMA TECH INSULATION DEFENDANT.


The opinion of the court was delivered by: Maxine M. Chesney, United States District Judge

REQUEST FOR VOLUNTARY DISMISSAL (F.R.C.P. 41(a)(1))
Plaintiffs hereby request a 30-day conditional dismissal of this action without prejudice, under Federal Rule of Civil Procedure 41(a). Defendants have neither served an answer nor moved for summary judgment, and plaintiffs have not previously filed or dismissed any similar action against defendants, and are awaiting bank clearance of Defendant's payment in resolution of this action.

In the event that check does not clear the bank, Plaintiffs reserve the right to reopen the matter within 30 days of entry of this dismissal.

20030507

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