STRANAHAN GEAR CO., INC. v. NL INDUSTRIES, INC.

No. 86-1028.

800 F.2d 53 (1986)

STRANAHAN GEAR COMPANY, INC. v. NL INDUSTRIES, INC. v. BLUE STREAK INDUSTRIES, INC. Appeal of NL INDUSTRIES, INC.

United States Court of Appeals, Third Circuit.

Decided August 22, 1986.


Attorney(s) appearing for the Case

Joseph J. Serritella, J. Kurt Straub, James J. Ferrelli, Pepper, Hamilton & Scheetz, Philadelphia, Pa., for appellant NL Industries, Inc.

Tom P. Monteverde, Michael E. Scullin, Monteverde, Hemphill, Maschmeyer & Obert, Philadelphia, Pa., for appellee Blue Streak Industries, Inc.

Before ALDISERT, Chief Judge, HIGGINBOTHAM, Circuit Judge, and RE, Judge.


Submitted Under Third Circuit Rule 12(6) July 29, 1986.

OPINION OF THE COURT

ALDISERT, Chief Judge.

We must decide whether the district court erred in opening a default judgment against a third party defendant on the ground that the third party plaintiff had not complied with the requirements for service of process of Rule 4(c)(2)(C)(ii), F.R.Civ.P., because the third party defendant refused to acknowledge receipt of service. We must also decide...

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