FLUOR DANIEL (NPOSR), INC. v. SEWARD

No. 97-18.

956 P.2d 1131 (1998)

FLUOR DANIEL (NPOSR), INC., a Delaware corporation, Appellant (Defendant), v. David G. SEWARD, Appellee (Plaintiff).

Supreme Court of Wyoming.

Rehearing Denied May 5, 1998.


Attorney(s) appearing for the Case

Bruce N. Willoughby & Donn J. McCall of Brown, Drew, Massey & Sullivan, Casper, for Appellant.

Mark W. Gifford of Gifford & Bonner, Casper, for Appellee.

Before TAYLOR, C.J., and THOMAS, MACY, GOLDEN and LEHMAN, JJ.


THOMAS, Justice.

The critical question presented in this case is whether the mysterious disappearance of suit documents within a corporate headquarters constitutes "mistake, inadvertence, surprise, or excusable neglect" that results in an abuse of discretion by a trial court in finding culpable conduct on the part of the defendant and refusing to set aside an entry of default and a default judgment. Collateral issues are presented with respect to fraudulent misrepresentations...

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