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Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Scenario: NovaLinker Corp sues Crestline Components, Inc. for breach of a long-term supply agreement. Crestline answers with a counterclaim for damages arising from the same contract. Before NovaLinker presents any evidence, NovaLinker moves to dismiss the action under Rule 17, Sec. 2. (a) Identify the governing rule on dismissal upon motion by the plaintiff. (b) What is the effect of such dismissal on Crestline's counterclaims pleaded in the answer? (c) If Crestline's counterclaims are compulsory versus permissive, how does that distinction affect the result?