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LUTOMSKI v. PANTHER VALLEY COIN EXCHANGE

No. 80-1364.

653 F.2d 270 (1981)

Karl LUTOMSKI and Mary Lutomski, Plaintiffs-Appellees, v. PANTHER VALLEY COIN EXCHANGE and Joseph Snisky, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided July 7, 1981.

Attorney(s) appearing for the Case

Kathleen Gallagher Lewis, Detroit, Mich., Williams, Schaefer, Ruby & Williams, P.C., Edward L. Ruby, Bloomfield Hills, Mich., for defendants-appellants.

Edward L. Ruby, David Patton, Bloomfield Hills, Mich., for plaintiffs-appellees.

Before WEICK and MERRITT, Circuit Judges, and CECIL, Senior Circuit Judge.

PER CURIAM.

The issue in this diversity case is whether the district court erred in denying a motion to set aside a default judgment entered against defendants-appellants, Panther Valley Coin Exchange and Joseph Sinsky. We hold that because the requirements of Fed.R.Civ.P. 55(b)(2) were not observed, the judgment must be set aside in part and the case remanded for further proceedings.

Plaintiffs, Karl and Mary Lutomski, filed suit against defendants...

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