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JOHNSON v. DAYTON ELEC. MFG. CO.

No. 97-2586.

140 F.3d 781 (1998)

Melissa JOHNSON, individually and as Executor of the Estates of Marissa and Shari Williams, and as next friend of Antonio, Sherice, and Michael Williams, minors; Mildred Jackson, as next friend of Tamica Jackson, a minor, Plaintiffs-Appellees, v. DAYTON ELECTRIC MANUFACTURING COMPANY, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Decided April 3, 1998.

Rehearing and Suggestion for Rehearing Denied May 7, 1998.

Attorney(s) appearing for the Case

Paul E.B. Glad, San Francisco, CA, argued (Nancy A. Solotkin and Donald H. Bacon, on the brief), for Defendant-Appellant.

Barry a. Bryant, Texarkana, TX, argued (Michael C. Angel, on the brief), for Plaintiffs-Appellees.

Before BOWMAN, WOLLMAN, and LOKEN, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied May 7, 1998.

LOKEN, Circuit Judge.

Dayton Electric Manufacturing Company ("Dayton Electric") appeals the district court's order refusing to set aside an entry of default. Concluding there is good cause to set aside a default caused by Dayton Electric's negligent failure to file a timely answer, we reverse.

In August 1994, a fire killed and injured children at Melissa Johnson's home in Little Rock...

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