PATTERSON v. C. I. T. CORPORATION

No. 7944.

352 F.2d 333 (1965)

E. H. PATTERSON, Appellant, v. C. I. T. CORPORATION, Appellee.

United States Court of Appeals Tenth Circuit.

Rehearing Denied December 6, 1965.


Attorney(s) appearing for the Case

Quincy D. Adams, of Adams & Pongetti, Albuquerque, N. M., for appellant.

William E. Bondurant, Jr., of Hinkle, Bondurant & Christy, Roswell, N. M. (Harold L. Hensley, Jr., and Michael R. Waller, Roswell, N. M., with him on the brief), for appellee.

Before PICKETT and SETH, Circuit Judges, and DOYLE, District Judge.


PICKETT, Circuit Judge.

The question presented by this appeal is whether the District Court erred in entering a default judgment against the defendant Patterson for $204,579.52, because of the failure to respond to a notice of taking his deposition, pursuant to a notice served only upon his attorney of record.1 We agree with Patterson's contention that the record does not disclose that Patterson's failure to appear at the time and place...

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