PORT-WIDE CONTAINER CO. v. INTERSTATE MAINTENANCE CORP.

Nos. 19120-19122.

440 F.2d 1195 (1971)

PORT-WIDE CONTAINER COMPANY, Inc., Appellant in No. 19120, Mario Scaffidi and James (Vincent) Scaffidi, v. INTERSTATE MAINTENANCE CORPORATION and Santo Di Mare. Appeal of Mario SCAFFIDI, in No. 19121. Appeal of James (Vincent) SCAFFIDI, in No. 19122.

United States Court of Appeals, Third Circuit.

Decided April 13, 1971.


Attorney(s) appearing for the Case

John I. Magod, Mezey & Mezey, New Brunswick, N. J., for appellants.

James R. Zazzali, Zazzali & Zazzali, Newark, N. J., for appellee.

Before HASTIE, Chief Judge, and ADAMS and GIBBONS, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

In this contractual action a default and a judgment by default were entered by the clerk of the district court under Rule 55(b) (1), Federal Rules of Civil Procedure. Subsequently, the defendant moved to vacate the default judgment. That motion was denied and this appeal followed.

It is argued that the entry of judgment by the clerk without notice, as provided in Rule 55(b) (1), rather than by the court after notice...

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