IN RE RAINS

No. 91-6032.

946 F.2d 731 (1991)

In re Bill W. RAINS, also known as Billy Wayne Rains, Debtor. Dale A. RUPLINGER, Plaintiff-Appellee, v. Bill W. RAINS, also known as Billy Wayne Rains, Defendant-Appellant.

United States Court of Appeals, Tenth Circuit.

October 7, 1991.


Attorney(s) appearing for the Case

Kenneth G. Mayfield, Oklahoma City, Okl., for defendant-appellant.

James S. Matthews, Jr. (Jay Self with him on the brief), Oklahoma City, Okl., for plaintiff-appellee.

Before ANDERSON, TACHA and BRORBY, Circuit Judges.


PER CURIAM.

At issue in this case is whether the district court abused its discretion in entering a default judgment against a defendant who had delayed executing a settlement agreement. Because the district court did not make findings regarding the defendant's willfulness, bad faith or other fault and has not explained why some lesser sanction was not appropriate in this case, we remand for further action by the district court.

Plaintiff Ruplinger was a former...

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