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COMBS v. NICK GARIN TRUCKING

Nos. 84-5601, 84-5677.

825 F.2d 437 (1987)

Harrison COMBS, Trustee, United Mine Workers 1974 Pension Trust, et al. v. NICK GARIN TRUCKING, Appellant. Harrison COMBS, Trustee, United Mine Workers 1974 Pension Trust, et al. v. NICK GARIN TRUCKING, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided August 4, 1987.

Attorney(s) appearing for the Case

Frank D. Magone, with whom Frank A. Conte was on the brief, for appellant.

William F. Hanrahan, with whom Catherine H. Mitchell was on the brief, for appellees.

Before ROBINSON and STARR, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge SPOTTSWOOD W. ROBINSON, III.

SPOTTSWOOD W. ROBINSON, III, Circuit Judge:

Appellant, Nick Garin Trucking (Garin Trucking), a sole proprietorship owned by Nick Garin, challenges the District Court's entry of, and subsequent refusal to vacate, a default judgment against it. We conclude that appellees' attempted utilization of the new federal mail service rule failed for lack of an acknowledgment of service, and foreclosed...

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