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UNION PACIFIC R. CO. v. PROGRESS RAIL SERVICES

No. 00-3033.

256 F.3d 781 (2001)

UNION PACIFIC RAILROAD COMPANY, A Delaware Corporation, Appellee, v. PROGRESS RAIL SERVICES CORPORATION, An Alabama Corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 10, 2001.

Attorney(s) appearing for the Case

Michael F. Coyle, argued, Omaha, NE (Danene J. Tushar, on the brief), for appellant.

Mark E. Novotny, argued, Omaha, NE (William M. Lamson, on the brief), for appellee.

Before MORRIS SHEPPARD ARNOLD and RICHARD S. ARNOLD, Circuit Judges, and BOGUE, District Judge.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Progress Rail Services Corporation moved in the district court under Fed.R.Civ.P. 60(b)(1) to set aside a default judgment against it after belatedly realizing that it had failed to answer a complaint filed by Union Pacific Railroad Company. Progress Rail explained in its motion that it neglected to file the answer because of a recording error by its legal department. The district court denied the motion. Progress Rail appeals...

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