WILLIAMS v. NEW ORLEANS PUBLIC SERVICE, INC.

No. 83-2435 Summary Calendar.

728 F.2d 730 (1984)

Lamar WILLIAMS, Jr., et al., Plaintiffs-Appellees, v. NEW ORLEANS PUBLIC SERVICE, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

April 2, 1984.


Attorney(s) appearing for the Case

John R. Pearson, Kathy A. Morrow, Houston, Tex., for defendant-appellant.

James Boanerges, Houston, Tex., for plaintiffs-appellees.

Before BROWN, TATE and HIGGINBOTHAM, Circuit Judges.


JOHN R. BROWN, Circuit Judge:

New Orleans Public Service, Inc. (NOPSI), the defendant in this diversity-based personal injury suit, in addition to at least seven other instances of inexcusable neglect or indifference, failed to appear on the date set for trial. A default judgment for the full amount of the claim was subsequently entered. The 30-day appeal period expired. Pursuant to F.R.Civ.P. 60(b), NOPSI then moved to have the default judgment set aside, or alternatively...

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