BERTHELSEN v. KANE

Nos. 89-2281, 89-2353.

907 F.2d 617 (1990)

Calvin BERTHELSEN, Plaintiff-Appellee, v. Maurice KANE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 6, 1990.

Order on Denial of Rehearing September 10, 1990.


Attorney(s) appearing for the Case

Sheryl A. Laughren (argued), Barbara Urlaub, Berry, Moorman, King, Cook & Hudson, Detroit, Mich., for plaintiff-appellee.

William W. Webb (argued), Birmingham, Mich., for defendant-appellant.

Before GUY and NELSON, Circuit Judges; and EDWARDS, Senior Circuit Judge.


PER CURIAM.

Defendant, Maurice Kane, appeals from the entry of both a default and a default judgment by the district court in favor of plaintiff, Calvin Berthelsen. Default was entered because of the defendant's failure to respond to service of process in a timely manner. On appeal, the defendant argues: (1) the entry of default should be vacated when service allegedly was accomplished on the defendant's wife, who had been dead for three years, and when the defendant...

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