In Re Alexander

Appellant Firestone Tire & Rubber Co., Inc. ("Firestone") appeals from the District Courts dismissal, without prejudice, of appellee Hamiltons wrongful death/products liability claim pursuant to Fed.R.Civ.P. 41(a)(2). Firestone contends that, because it had filed a counterclaim and cross-claim and had proceeded with discovery, the District Court erred in dismissing the complaint to allow Hamilton to pursue a pending parallel claim in Alabama state court. Firestone contends also that Hamilton should be estopped from requesting dismissal of this action and that the District Court erred in not applying the principles underlying 28 U.S.C. § 1404(a) and forum non conveniens.