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MYERS v. BROWN

No. 548-81.

465 A.2d 254 (1983)

Rodney E. MYERS and Corrine V. Myers v. Leon H. BROWN and Beverly J. Brown and Auto-Tune, Inc.

Supreme Court of Vermont.

June 7, 1983.

Attorney(s) appearing for the Case

Robert W. Eastman and Neil D. Wheelwright of Latham, Eastman, Schweyer & Tetzlaff, Burlington, for plaintiffs-appellees.

Perry & Schmucker, South Burlington, for defendant-appellant Auto-Tune, Inc.

Before BILLINGS, C.J., and HILL, UNDERWOOD, PECK and GIBSON, JJ.

BILLINGS, Chief Justice.

This is an appeal by defendant, Auto-Tune, Inc., from a denial of a motion for relief from default judgment, pursuant to V.R.C.P. 60(b)(6). The issue presented is whether a party who has actual knowledge of a lawsuit against him, but who has been improperly served with process, may take no action in defense of the lawsuit, allow a default judgment to be entered against him, and then seek to have that...

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