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CHARLTON L. DAVIS & CO., P. C. v. FEDDER DATA CENTER

No. 77-1313. Summary Calendar.

556 F.2d 308 (1977)

CHARLTON L. DAVIS & COMPANY, P. C., Plaintiff-Appellee, v. FEDDER DATA CENTER, INC., Defendant, Financial Computer Corporation, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

July 22, 1977.

Attorney(s) appearing for the Case

Ed G. Barham, Willis L. Miller, III, Valdosta, Ga., for defendant-appellant.

H. Arthur McLane, Valdosta, Ga., for plaintiff-appellee.

Before THORNBERRY, RONEY and HILL, Circuit Judges.

RONEY, Circuit Judge:

The district court entered a $20,500 default judgment against two defendants, one of which was Financial Computer Corporation. Financial moved to set aside the judgment because the plaintiff failed to give the three-day notice required by Fed.R.Civ.P. 55(b)(2). The district court denied the motion. We reverse, deciding that Financial made a sufficient "appearance" to be entitled to Rule 55(b)(2) notice, and that adequate grounds exist for setting...

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