What is the test for dismissing a motion under the Dismissal With prejudice Act?
MultiRegion, United States of America
The following excerpt is from U.S. v. Towill, 548 F.2d 1363 (9th Cir. 1977):
United States v. Simmons, 536 F.2d 827, 836 (9th Cir.), cert. denied, --- U.S. ----, 97 S.Ct. 148, 50 L.Ed.2d 130 (1976), outlined the standard for evaluating the propriety of a district court's dismissal with prejudice under this provision:
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