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eBook details

• Title: Seven Elves
• Author : Fifth Circuit. Unit A United States Court of Appeals
• Release Date : January 26, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 62 KB

Description

This is an appeal from an order denying the appellants' motion to vacate a judgment in damages for malicious prosecution and slander. The judgment was entered in a proceeding at which the appellants did not appear, either personally or through an attorney. Their motion to vacate was brought under Fed.R.Civ.P. 55(c) (setting aside default judgment) and 60(b) (relief from judgment), and was denied by the district court without written reasons. Because we find merit in the appellants' contentions under Rule 60(b), we vacate the challenged order and the judgment entered below. The cause is remanded to the district court for trial on the merits.

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