Summary
In Bennett v. Fowler, 8 Wall. 445, 19 L.Ed. 431, it was pointed out that some discretion must be left to the Patent Office. The rule (41) in the Patent Office at the time that decision was rendered was so definite in its requirement for division that the Supreme Court in United States ex rel. Steinmetz v. Allen, supra, pointed out that the "rule is not the exercise of discretion; it is a determination not to hear."
Summary of this case from In re MossOpinion
Civil Action No. 11-cv-01824-MSK-KMT
10-30-2012
IRMA BENNETT, Plaintiff, v. BURT FOWLER, M.D., Defendant.
Honorable Marcia S. Krieger
ORDER DISMISSING CLAIMS WITH PREJUDICE
THIS MATTER comes before the Court on the Stipulated Motion for Dismissal with Prejudice as to Defendant, Memorial Health System, an Enterprise of the City of Colorado Springs, Colorado, doing business as Memorial Hospital (Motion) (#76) filed October 30, 2012. Having reviewed the Motion,
IT IS ORDERED that the Motion is GRANTED and any and all claims brought or could be brought against Defendant Memorial Health System are hereby dismissed with prejudice, each party to bear his, her or its own costs and attorneys fees. All further captions shall so reflect.
BY THE COURT:
_____________________
Marcia S. Krieger
United States District Judge