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ELLINGSWORTH v. CHRYSLER

No. 81-1053.

665 F.2d 180 (1981)

Donald C. ELLINGSWORTH, Jr., Administrator of the Estate of Laura Rogers, Deceased, Plaintiff-Appellee, v. Clark CHRYSLER and Carol Banning, d/b/a The Silver Dollar Tavern, and Clyde Waller, Jr., d/b/a Diamond Tavern, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided December 1, 1981.

Attorney(s) appearing for the Case

Alexandra De. Saint Phalle, Thomas F. Londrigan, Springfield, Ill., for defendants-appellants.

Craig H. DeArmond, Harlan Heller Ltd., Danville, Ill., for plaintiff-appellee.

Before SWYGERT, Senior Circuit Judge, CUDAHY, Circuit Judge, and EAST, District Judge.

EAST, District Judge.

Defendants-appellants Chrysler, Banning, and Waller appeal from the denial of their post-trial motions to set aside a default judgment entered against them after they failed to appear at trial in a diversity action.

I. BACKGROUND

The defendants are owners of taverns in Illinois. According to the amended complaint, the defendants or their employees negligently sold alcoholic beverages to an intoxicated person, one Patricia Hedden...

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