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CENTRAL W. RENTAL CO. v. HORIZON LEASING

No. 91-1459.

967 F.2d 832 (1992)

CENTRAL W. RENTAL CO. d/b/a CTE Leasing Corp., William J. Simmers and his wife Cassandra Simmers v. HORIZON LEASING, a DIVISION OF HORIZON FINANCIAL, F.A. FEDERAL DEPOSIT INSURANCE CORPORATION, Exclusive Manager of the Resolution Trust Corporation as Receiver for Horizon Financial, F.A., Horizon Leasing, Counter Claimants, Appellees, v. William J. SIMMERS and Cassandra Simmers, Counter Defendants, Appellants.

United States Court of Appeals, Third Circuit.

Decided June 11, 1992.

Attorney(s) appearing for the Case

Donald P. Tarosky (argued), Ceraso & Tarosky, Greensburg, Pa., for appellants William J. and Cassandra Simmers.

Robert C. Seiger, Jr. and David L. Braverman (argued), Klehr, Harrison, Harvey, Branzburg & Ellers, Philadelphia, Pa., for appellees Horizon Leasing, a Div. of Horizon Financial, F.A., and F.D.I.C., Exclusive Manager of the Resolution Trust Corp. as Receiver for Horizon Financial, F.A.

PRESENT: MANSMANN, HUTCHINSON and ROSENN, Circuit Judges.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

Appellants William J. Simmers and Cassandra Simmers (the Simmers) appeal from an order of the United States District Court for the Eastern District of Pennsylvania denying their Federal Rule of Civil Procedure 60(b) motion for relief from a confessed judgment in the amount of $1,960,342.70 plus interest which the Federal Deposit Insurance Corporation (FDIC) had obtained against them. This judgment was confessed...

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