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FRANCHISE HOLDING II v. HUNTINGTON REST.

No. 03-15434.

375 F.3d 922 (2004)

FRANCHISE HOLDING II, LLC, a Delaware limited liability company, Plaintiff-Appellee, v. HUNTINGTON RESTAURANTS GROUP, INC., a Texas corporation; Golden Management, Inc., a Florida corporation; Richard P. Beattie, an individual; Michelle Beattie, an individual, Defendants-Appellants.

United States Court of Appeals, Ninth Circuit.

Filed July 20, 2004.

Attorney(s) appearing for the Case

Robert J. Stumpf, Jr., Sheppard Mullin Richter & Hampton LLP, San Francisco, CA, for the appellants.

Kristin Linsley Myles, Munger, Tolles & Olson LLP, San Francisco, CA, for the appellee.

Before: SCHROEDER, Chief Judge, TALLMAN, and CALLAHAN, Circuit Judges.

CALLAHAN, Circuit Judge:

Huntington Restaurants Group, Inc., Richard P. Beattie and Michelle Beattie (collectively, "HRG") appeal the district court's denial of their motion to set aside an entry of default and a default judgment. While the law favors deciding disputes on the merits, the district court's decision here to deny HRG's motion to set aside the entry of default and default judgment was squarely within its discretion. Furthermore, the district court clerk...

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