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C. I. T. CORPORATION v. M/V MISS EILEEN

No. 30752.

447 F.2d 761 (1971)

C. I. T. CORPORATION, a New York Corporation, Plaintiff-Appellee, v. M/V MISS EILEEN, her engines, tackle, appurtenances, equipment, etc., Defendants, Walter Alan Gordon, Defendant-Appellant, Chester L. Alexander, d/b/a Alexander Marine Salvage, Intervenor.

United States Court of Appeals, Fifth Circuit.

June 1, 1971.

Attorney(s) appearing for the Case

W. F. Parker, Miami, Fla., for Walter A. Gordon.

Frank J. Marston, William C. Norwood, Fowler, White, Humkey, Burnett, Hurley & Banick, P.A., Miami, Fla., for C.I.T. Corp.

Before WISDOM, Circuit Judge, DAVIS, Judge, and GOLDBERG, Circuit Judge.

WISDOM, Circuit Judge:

Walter Alan Gordon appeals from a judgment of the district court denying his motion to set aside a default judgment rendered in favor of C.I.T. Corporation. We vacate and remand for further proceedings consistent with this opinion.

In June 1968 Gordon, a resident of Florida, executed a promissory note to C.I.T., a New York corporation, in the amount of $43,680. To secure payment of the note...

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