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FUSTOK v. CONTICOMMODITY SERVICES, INC.

No. 744, Docket 88-7918.

873 F.2d 38 (1989)

Mahmoud FUSTOK, Plaintiff-Appellee, v. CONTICOMMODITY SERVICES, INC., ContiCapital Management, Inc., Continental Grain Company, Walter M. Goldschmidt, Norton Waltuch, Tom Waldeck and Ivan Auer, Defendants and Third-Party Plaintiffs-Appellees, v. Naji R. NAHAS, Third-Party Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided April 19, 1989.

Attorney(s) appearing for the Case

Richard A. Rosen, New York City (Cameron Clark, Mary Jane Case, Paul, Weiss, Rifkind, Wharton & Garrison, New York City, on the brief), for defendant-third-party-plaintiff-appellee ContiCommodity Services, Inc.

James D. Zirin, New York City (Breed, Abbott & Morgan, New York City, on the brief), for third-party-defendant-appellant.

Before KEARSE and WINTER, Circuit Judges, and SWEET, District Judge.

SWEET, District Judge:

This is an appeal by third party defendant-appellant Naji R. Nahas ("Nahas") of a decision by the Honorable Morris E. Lasker denying his motion pursuant to Fed.R.Civ.P. 60(b) to set aside an amended default judgment (the "Judgment") against Nahas. 122 F.R.D. 151. Nahas claims that by entering the Judgment, which is based on a settlement between plaintiff Mahmoud Fustok and defendants and third-party plaintiffs-appellees ContiCommodity Services...

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