WEISS NOODLE COMPANY v. APRILE

No. 13841.

272 F.2d 923 (1959)

WEISS NOODLE COMPANY, Appellant v. Sandy APRILE, Samuel Bellante, Doing Business as Columbus Macaroni & Noodle Company, Appellees.

United States Court of Appeals Sixth Circuit.

December 22, 1959.


Attorney(s) appearing for the Case

Herbert J. Jacobi, Washington, D. C., for appellant.

J. D. Douglass, Cleveland, Ohio (Donald F. Sands, Cleveland, Ohio, on the brief), for appellees.

Before SIMONS and WEICK, Circuit Judges, and WILLIAM E. MILLER, District Judge.


PER CURIAM.

This is an appeal from an order of the District Court which entered a default judgment against plaintiff below dismissing the complaint for failure to answer interrogatories served by the defendants.

Appellant had filed objections to the interrogatories which were overruled by the District Court on October 2, 1958. Under Rule 33 of the Federal Rules of Civil Procedure, 28 U.S.C.A. appellant had 15 days thereafter to answer the interrogatories....

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