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COVINGTON INDUSTRIES, INC. v. RESINTEX A. G.

No. 585, Docket 79-7596.

629 F.2d 730 (1980)

COVINGTON INDUSTRIES, INC., Plaintiff-Appellant, v. RESINTEX A. G. and Horst Susskind, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided June 23, 1980.

Attorney(s) appearing for the Case

F. T. Davis, Jr., Atlanta, Ga. (Stephen J. Smirti, Jr., Colleran, O'Hara & Kennedy, P.C., Garden City, N. Y., of counsel), for plaintiff-appellant.

William W. Esseks, Riverhead, N. Y. (W. Stanley Blackburn, Atlanta, Ga., Tooker, Esseks, Hefter, Cuddy & Angel, Riverhead, N. Y., of counsel), for defendants-appellees.

Before LUMBARD, MOORE and MESKILL, Circuit Judges.

MESKILL, Circuit Judge:

In 1977, the United States District Court for the Northern District of Georgia ("the Georgia court") entered a judgment on default of appearance against appellees. Appellants, seeking enforcement, subsequently registered that judgment in the United States District Court for the Eastern District of New York ("the New York court"). Alleging that the Georgia court had never obtained in personam jurisdiction over them, appellees moved under Rule...

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