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Greco v. Reynolds

United States Court of Appeals, Third Circuit
Oct 9, 1969
416 F.2d 965 (3d Cir. 1969)

Opinion

Nos. 17621, 17622.

Argued September 30, 1969.

Decided October 9, 1969.

William B. Freilich, LaBrum Doak, Philadelphia, Pa. (James M. Marsh, Philadelphia, Pa., on the brief), for appellants.

Robert A. Korn, Winkour Kahn, Philadelphia, Pa. (David H. Moskowitz, Philadelphia, Pa., on the brief), for appellee.

Before STALEY, SEITZ and STAHL, Circuit Judges.


OPINION OF THE COURT


This is an appeal from the denial of a motion to set aside a default judgment entered against appellants in a diversity personal injury action.

Despite repeated written admonitions of appellee's attorneys during the ten months following the filing of the complaint, neither appellants nor their insurer entered an appearance or filed an answer. A review of the record fails to reveal "excusable neglect" within the meaning of F.R.C.P. 60(b), 28 U.S.C.A. The non-testimonial affidavit concerning the omissions of Allstate Insurance Company is insufficient. Clearly there was no abuse of discretion by the district court.

Accordingly, the order of the district court will be affirmed.


Summaries of

Greco v. Reynolds

United States Court of Appeals, Third Circuit
Oct 9, 1969
416 F.2d 965 (3d Cir. 1969)
Case details for

Greco v. Reynolds

Case Details

Full title:Carl GRECO v. Mary De Camp REYNOLDS and Lillian McLaughlin, Mary De Camp…

Court:United States Court of Appeals, Third Circuit

Date published: Oct 9, 1969

Citations

416 F.2d 965 (3d Cir. 1969)

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