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GROCERY SUPPLY v. McKINLEY PARK SERVICES

Nos. A-10106, A-10200, A-9444.

128 F.Supp. 694 (1955)

GROCERY SUPPLY, Inc., a corporation, Plaintiff, v. McKINLEY PARK SERVICES, Inc., a corporation, Defendant. SUNTRANA MINING CO., Inc., Plaintiff, v. McKINLEY PARK SERVICES, Inc., Defendant. CHACE PHOTO ENTERPRISES, an Alaskan corporation, Plaintiff, v. McKINLEY PARK SERVICES, Inc., an Alaskan corporation, et al., Defendant.

District Court, Alaska Third Division, Anchorage.

March 7, 1955.

Attorney(s) appearing for the Case

Davis, Renfrew & Hughes, Anchorage, Alaska, for plaintiffs Grocery Supply Inc. and Chace Photo Enterprises.

E. L. Arnell, Anchorage, Alaska, for plaintiff Suntrana Mining Co., Inc.

Evander C. Smith, Anchorage, Alaska, for defendant McKinley Park Service Inc.

Albert Maffei, Anchorage, Alaska, receiver for defendant.

FOLTA, District Judge.

The questions presented stem from the motions of the receiver in Suntrana Mining Co., Inc., v. McKinley Park Services, Inc., to set aside the entry of default in Grocery Supply, Inc. v. McKinley Park Services, Inc., and to consolidate these cases with the Chace Photo Enterprises case. For the purpose of argument these cases were treated as consolidated.

I am of the opinion that the right to consolidate turns on whether the entry of default...

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