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PRIMUS AUTOMOTIVE FINANCIAL SERVICES, INC. v. OTTO-WAL, INC.

No. 3:98CV7424.

284 F.Supp.2d 845 (2003)

PRIMUS AUTOMOTIVE FINANCIAL SERVICES, INC., Plaintiff, v. OTTO-WAL, INC., Defendant and Third-Party Plaintiff, v. Harbor Olds-Cadillac, Inc., et al., Third-Party Defendant.

United States District Court, N.D. Ohio, Western Division.

September 4, 2003.

Attorney(s) appearing for the Case

Dean D. Gamin, Esq., Robert C. Folland, Esq., Thompson Hine, Brett K. Bacon, Esq., Michael J. Holleran, Esq., Kathleen Elisabeth Roth, Esq., Frantz Ward, Cleveland, OH, for plaintiff/counter-defendant.

Michael R. Rankin, Esq., James E. Morgan, Esq., Hahn, Loeser & Parks, Columbus, OH, for defendant/third-party plaintiff/counter-defendant.

Catherine H. Killam, Esq., Arnold & Caruso, Henry Buswell Roberts, Jr., Esq., Shumaker, Loop & Kendrick, Toledo, OH, Mariann E. Butch, Esq., Benesch, Friedlander, Coplan & Aronoff, David R. Mayo, Esq., William R. Strachan, Esq., Strachan, Green, Miller, Olender & Hobt, Cleveland, OH, Robert J. Gilmer, Jr., Esq., Myron Charles Collins, Esq., Eastman & Smith, Toledo, OH, Douglas O. Miller, Delray Beach, FL, for third-party defendants/counter-claimants/cross-defendants/cross-claimants.

ORDER

CARR, District Judge.

This is a diversity contract action in which the cross-defendant, Randall Walters, has filed a motion for relief from judgment pursuant to Fed.R.Civ.P. 60(b)(6). The gravamen of the motion is that the movant did not have notice of the judgment prior to its entry on September 14, 2001. He first learned about the judgment on November 21, 2002, when notified of a garnishment seeking to collect on the judgment.

Summary judgment...

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