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TOZER v. CHARLES A. KRAUSE MILLING CO.

No. 10342.

189 F.2d 242 (1951)

TOZER et al. v. CHARLES A. KRAUSE MILLING CO.

United States Court of Appeals Third Circuit.

Decided May 7, 1951.

Attorney(s) appearing for the Case

Lewis M. Stevens, Philadelphia, Pa. (Daniel Mungall, Jr., C. Clark Hodgson, Philadelphia, Pa., Willis G. Sullivan, Milwaukee, Wis., Stradley, Ronon, Stevens & Young, Philadelphia, Pa., Sullivan & Nelson, Milwaukee, Wis., on the brief), for appellant.

Herbert Mayers, Philadelphia, Pa. (Joseph DeLacy, Philadelphia, Pa., Bilder, Bilder & Kaufman, Newark, N. J., on the brief), for appellees.

Before KALODNER, STALEY and HASTIE, Circuit Judges.

STALEY, Circuit Judge.

The issue before us on appeal is whether the district judge abused his discretion in dismissing a motion by defendant to set aside a default judgment.1 We hold that his refusal to set aside the judgment was error.

On September 29, 1948, the Italian Cook Oil Corporation,2 a New York corporation, instituted this action in the United States District Court for the Eastern District...

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