-8-
1980); Humphreys v. United States, 272 F.2d 411, 412 (9th Cir.
1959); A.B. Dick Co. v. Marr, 197 F.2d 498, 502 (2d Cir. 1952);
Md. Cas. Co. v. Latham, 41 F.2d 312, 313 (5th Cir. 1930). We
conclude that respondent is not prejudiced in maintaining the
subject collection action against petitioners as if the instant
proceeding had never been commenced.
Accordingly, in the exercise of the Court’s discretion, and
after weighing the relevant equities including the lack of a
clear legal prejudice to respondent, we shall grant petitioners’
motion. In accordance with the foregoing,
An appropriate order of
dismissal will be entered granting
petitioners’ motion to dismiss.
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