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UNITED STATES v. SIMMONS

No. CIV-4-80-13.

508 F.Supp. 552 (1980)

UNITED STATES of America, Plaintiff, v. Jessie C. SIMMONS et ux., Defendants.

United States District Court, E. D. Tennessee, Winchester Division.

December 18, 1980.

Attorney(s) appearing for the Case

John H. Cary, U. S. Atty., Knoxville, Tenn. by John C. Littleton, Asst. U. S. Atty., Chattanooga, Tenn., for plaintiff.

MEMORANDUM OPINION

NEESE, District Judge.

The plaintiff moved the Court for a judgment by default herein. Rule 55(b)(1), Federal Rules of Civil Procedure. "*** [N]o judgment by default shall be entered Against an infant or incompetent person unless represented in the action by a general guardian, committee, conservator, or other such representative who has appeared therein. ***" Idem. "*** In any action or proceeding commenced in any court, if there...

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