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BROADCAST MUSIC, INC. v. M.T.S. ENTERPRISES

No. 85-3743 Summary Calendar.

811 F.2d 278 (1987)

BROADCAST MUSIC, INC., Plaintiff-Appellee, v. M.T.S. ENTERPRISES, INC., Defendant, Gordon Tonry, and Delores Tonry, Defendants-Appellants.

United States Court of Appeals, Fifth Circuit.

February 26, 1987.

Attorney(s) appearing for the Case

Richard A. Tonry, Bryan C. Mitchell, Chalmette, La., for defendants-appellants.

Ashton R. Hardy, Frank R. Nicotera, Hardy & Popham, New Orleans, La., Marvin L. Berenson, New York City, for plaintiff-appellee.

Before POLITZ, WILLIAMS, and JONES, Circuit Judges.

EDITH H. JONES, Circuit Judge:

The district court granted petitioner-appellee Broadcast Music, Inc., a default judgment against defendants-appellants Gordon and Delores Tonry. Appellants moved unsuccessfully under Fed.R.Civ.P. 60(b) for relief from judgment, asserting that they had not been served with process in accordance with Fed.R.Civ.P. 4. They argue on appeal that the district court erred in denying their motion. We AFFIRM the district court's denial of relief...

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