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UNITED STATES v. ERDOSS

No. 494, Docket 35558.

440 F.2d 1221 (1971)

UNITED STATES of America, Plaintiff-Appellee, v. Klari A. ERDOSS, Executrix of the Will of Akos Horvath, Deceased, Defendant. Ernest V. HORVATH and George A. Horvath, Defendants-Appellants, v. MASMO, INC. (Formerly known as Massachusetts Mohair Plush Company, Inc.), Defendant.

United States Court of Appeals, Second Circuit.

Decided April 2, 1971.

Attorney(s) appearing for the Case

David Fisher, New York City (Manes, Sturim, Roth & Fisher, Paul A. Douglas, New York City, of counsel), for defendants-appellants.

Richard S. Toder, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., David Paget, Asst. U. S. Atty., of counsel), for plaintiff-appellee.

Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.

JOSEPH J. SMITH, Circuit Judge:

Defendants appeal from a decision of the United States District Court for the Southern District of New York (Harold R. Tyler, Jr., Judge), denying their motion pursuant to Rule 60(b), Federal Rules of Civil Procedure, to vacate the default judgment entered against them for over $3 million. Rule 60(b) provides in relevant part:

On motion and upon such terms as are just, the court may relieve a party or his legal representative...

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