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STRAUB v. A P GREEN, INC.

No. 92-16204.

38 F.3d 448 (1994)

Harold E. STRAUB, et al., Plaintiffs-Appellees, v. A P GREEN, INC., et al., Defendants, and Atlas Turner, Inc., a foreign corporation, Defendant-Appellant.

United States Court of Appeals, Ninth Circuit.

Decided October 17, 1994.

Attorney(s) appearing for the Case

Paul W. Holloway & Kevin B. Sweeney, Holloway, Odegard & Sweeney, Phoenix, AZ, for defendant-appellant, Atlas Turner, Inc.

Robert George Begam, Dena Rosen Epstein, Begam, Lewis, Marks, Wolfe & Dasse, Paul A. Jozef, Phoenix, AZ, for plaintiffs-appellees, Harold E. Straub, et al.

Before: FARRIS, BEEZER, Circuit Judges, and McLAUGHLIN, District Judge.

FARRIS, Circuit Judge.

Atlas Turner appeals the district court's denial of its motion to set aside a default judgment. Atlas Turner contends that the district court lacked jurisdiction because service of process was not effective under the Foreign Sovereign Immunities Act. We have jurisdiction of the timely appeal under 28 U.S.C. § 1291. We remand to determine whether Atlas Turner had actual notice in 1986 of the complaint.

I. BACKGROUND

Plaintiff...

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