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MacEWEN PETROLEUM, INC. v. TARBELL

No. 97-7756.

136 F.3d 263 (1998)

MacEWEN PETROLEUM, INC., Plaintiff-Appellee, v. Eli TARBELL, individually and doing business as Bear Den's Trading Post, and Brandon Tarbell, Individually and doing business as Mohawk Petroleum, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided January 30, 1998.

Attorney(s) appearing for the Case

Bond, Schoeneck & King, Albany, NY (Arthur J. Siegel, Albany, NY, of counsel), for Plaintiff-Appellee.

Michael B. Rudin, Rochester, NY, for Defendants-Appellants.

Before: FEINBERG, KEARSE and JACOBS, JJ.

KEARSE, Circuit Judge.

Defendants Eli Tarbell and Brandon Tarbell, against whom a default judgment was entered in the United States District Court for the Northern District of New York for failure to answer the complaint filed by plaintiff MacEwen Petroleum, Inc., appeal from so much of an order of that court, Thomas J. McAvoy, Chief Judge, as requires them to post a $500,000 bond as a condition of vacating the default. Defendants argue that the bond condition...

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