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TURNER v. SALVATIERRA

No. 78-1710 Summary Calendar.

580 F.2d 199 (1978)

James TURNER and Linda Chase, Plaintiffs-Appellees, v. Julio C. SALVATIERRA, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

September 18, 1978.

Attorney(s) appearing for the Case

Robert W. Stern, Miami, Fla., for defendant-appellant.

Arthur Roth, Miami, Fla., for plaintiffs-appellees.

Before GOLDBERG, AINSWORTH and HILL, Circuit Judges.

PER CURIAM:

Defendant Julio C. Salvatierra seeks to vacate a final default judgment of $8,458.53 entered in favor of plaintiffs James Turner and Linda Chase. Since plaintiffs did not meet the notice requirements of Fed.R.Civ.P. 55(b)(2) when applying to the court for the default judgment, we vacate the judgment and remand the case for further proceedings.

Plaintiffs Turner and Chase were hired by a boat delivery service to transport a yacht owned by defendant...

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