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DELZONA CORPORATION v. SACKS

No. 12786.

265 F.2d 157 (1959)

DELZONA CORPORATION v. Samuel SACKS, His Wife Sara E. Sacks, Sometimes Known as Rose Sacks, Edith Sacks Horowitz, Her Husband Sidney Horowitz, Rose Sacks Rubenstein, Her Husband Immanuel Rubenstein, Frederick Parks, Hughes Park Village, Inc., Louis Greenblatt, United Industrial Finance Corporation, J. W. Sparks & Co., Majestic Discount Company. Samuel Sacks, His Wife Sara E. Sacks, Sometimes Known as Rose Sacks, Edith Sacks Horowitz, Her Husband Sidney Horowitz, Rose Sacks Rubenstein, Her Husband Immanuel Rubenstein, Hughes Park Village, Inc., Louis Greenblatt, United Industrial Finance Corporation, and Majestic Discount Company, Appellants.

United States Court of Appeals Third Circuit.

Decided March 24, 1959.

Rehearing Denied April 15, 1959.

Attorney(s) appearing for the Case

Jerome N. Berenson, Philadelphia, Pa. (Louis Greenblatt, Philadelphia, Pa., on the brief), for appellants.

W. Bradley Ward, Philadelphia, Pa. (Edward W. Mullinix and Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., on the brief), for appellee.

Before BIGGS, Chief Judge, and GOODRICH and McLAUGHLIN, Circuit Judges.

GOODRICH, Circuit Judge.

This is an appeal from the refusal of the trial judge to relieve the appellant from a judgment. The judgment sought to be relieved from was entered on June 26, 1956. The motion to be relieved from the judgment was made on July 21, 1958. The application is under Rule 60(b) of the Federal Rules of Civil Procedure.1 The ground relied upon must necessarily be the general reason given in number 6 of the rule, "any other...

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