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BEESON v. SMITH

No. 89-1545.

893 F.2d 930 (1990)

Carol A. BEESON and Dora M. Shepherd, Plaintiffs-Appellants, v. Levi SMITH, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided January 24, 1990.

As Amended January 26, 1990.

Attorney(s) appearing for the Case

Stephen J. McMullen (argued), Harvey L. Walner & Associates, Robert Habib (argued), Chicago, Ill., for plaintiffs-appellants.

David Santori, Chicago, Ill., Bryon L. Matten, Oak Brook, Ill., for defendant-appellee.

Before COFFEY and RIPPLE, Circuit Judges, and DUMBAULD, Senior District Judge.

DUMBAULD, Senior District Judge.

Appellants Carol A. Beeson and Dora M. Shepherd, residents of Mississippi and Tennessee, respectively1, appeal the District Court's denial of their motion to vacate a default. They were passengers involved in a collision in Illinois with a vehicle driven by appellee Smith. While recognizing that in principle such a motion is discretionary, we reverse and find ...

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