AUGUSTA FIBERGLASS COATINGS, INC. v. FODOR CONTRACTING CORP.

No. 87-2551.

843 F.2d 808 (1988)

AUGUSTA FIBERGLASS COATINGS, INC., Plaintiff-Appellee, v. FODOR CONTRACTING CORPORATION, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 7, 1988.


Attorney(s) appearing for the Case

Daniel F. Steinmetz, Jr., Pennsauken, N.J. (John William Weeks, Johnson, Johnson, Maxwell, Whittle, Shelgrove & Weeks, Aiken, S.C., on brief), for defendant-appellant.

John Williams Harte, Jr., Aiken, S.C., for plaintiff-appellee.

Before HALL and WILKINSON, Circuit Judges, and BULLOCK, United States District Judge for the Middle District of North Carolina, sitting by designation.


PER CURIAM:

The major issue presented by this appeal is whether the district court abused its discretion under Fed.R.Civ.P. 60(b) by denying a motion to vacate a default judgment. We conclude that the district court failed to apply the correct legal standard and that the default judgment should have been set aside.

I.

Fodor Contracting Corporation ("Fodor"), a New Jersey corporation, was the general contractor for the installation of odor-control...

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