NEDERLANDSCHE HANDEL-MAATSCHAPPIJ, N. V. v. JAY EMM, INC.

No. 183, Docket 27124.

301 F.2d 114 (1962)

NEDERLANDSCHE HANDEL-MAATSCHAPPIJ, N. V., also known as Netherlands Trading Society, Plaintiff-Appellee, v. JAY EMM, INC., and Satiris G. Fassoulis, Defendants-Appellants.

United States Court of Appeals Second Circuit.

Decided March 29, 1962.


Attorney(s) appearing for the Case

William F. Hamilton, New York City, for defendants-appellants.

Morgan J. Burke, Jr., New York City (Robert Wang, Dorsey & Burke, New York City, on the brief), for plaintiff-appellee.

Before LUMBARD, Chief Judge, and CLARK and FRIENDLY, Circuit Judges.


LUMBARD, Chief Judge.

The sole question presented is whether the district court abused its discretion in denying, on June 12, 1961, the motion of the appellants, under Rule 60(b) (1) and (3) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to vacate the judgment taken against them by default on October 25, 1960. We find ample support for Judge Metzner's refusal to set aside the default.

The plaintiff, a Netherlands corporation, brought suit, under the...

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