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LOLATCHY v. ARTHUR MURRAY, INC.

Nos. 83-1862, 83-1945.

816 F.2d 951 (1987)

Shahram LOLATCHY, Now & Then Dance Studio, Appellee, v. ARTHUR MURRAY, INC., and George Theiss and Nicholas Theiss and Sam Costello, Appellants. Shahram LOLATCHY, Now & Then Dance Studio, Appellant, v. ARTHUR MURRAY, INC., and George Theiss and Nicholas Theiss and Sam Costello, Appellees.

United States Court of Appeals, Fourth Circuit.

Decided April 21, 1987.

Rehearing and Rehearing Denied June 18, 1987.

Attorney(s) appearing for the Case

Nancy E. Gregor, Baltimore, Md. (James M. Kramon, Kramon & Graham, on brief), for appellants and cross-appellees.

James G. Kolb, Rockville, Md., for appellee and cross-appellant.

Before WIDENER, PHILLIPS, and WILKINSON, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 18, 1987.

WIDENER, Circuit Judge:

The defendants, Arthur Murray, Inc., George Theiss, Nicholas Theiss, and Sam Costello, appeal from a default judgment. They contend that the district court abused its discretion by refusing to set aside the default. We agree and vacate the judgment.

In June 1979, the plaintiff, Shahram Lolatchy, filed this suit in federal district court. The substance of Lolatchy's complaint...

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