MAGETTE v. DAILY POST

No. 75-2235.

535 F.2d 856 (1976)

Joseph MAGETTE v. The DAILY POST and Earl B. Ottley, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 2, 1976.


Attorney(s) appearing for the Case

Alexander A. Farrelly, Birch, De Jongh & Farrelly, Charlotte Amalie, St. Thomas, V. I., for appellants.

Leroy A. Mercer, Christiansted, St. Croix, V. I., for appellee.

Before VAN DUSEN, ADAMS and ROSENN, Circuit Judges.


OPINION OF THE COURT

PER CURIAM:

This appeal challenges a default judgment of damages entered August 5, 1975, awarding plaintiff $3,613.50. The ground of the appeal is that defendants were not given an opportunity to contest the amount of damages, although they were given a trial on the liability issue.

Although ample written notice of the November 15, 1974, trial date in this case was given to counsel for defendants, who had appeared by filing an...

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