GOLD KIST, INC. v. LAURINBURG OIL CO., INC.

No. 84-1187.

756 F.2d 14 (1985)

GOLD KIST, INC. v. LAURINBURG OIL COMPANY, INC. and McNair Evans, Appellants.

United States Court of Appeals, Third Circuit.

Decided March 4, 1985.


Attorney(s) appearing for the Case

Guy A. Cellucci (argued), White & Williams, Philadelphia, Pa., for appellee.

John E. McKeever (argued), Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for appellants.

Before GARTH and SLOVITER, Circuit Judges, and BARRY, District Judge.


OPINION OF THE COURT

SLOVITER, Circuit Judge.

The district court denied defendants' motion to set aside a default judgment entered as to them on March 8, 1983. Because the entry of the default judgment was unauthorized and improper, the court erred in refusing to set it aside.

I.

The genesis of the dispute between the parties is the claim of plaintiff Gold Kist, Inc. that C.F. Simonin's Sons, Inc. owed it $114,707.65, the contract price...

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