Legal Opinion

Gold Kist, Inc. v. Laurinburg Oil Company, Inc. And McNair Evans

Court of Appeals for the Third Circuit

Decided March 4, 1985No. 84-1187PublishedCited by 274 opinions

1Opinion of the Court

OPINION OF THE COURT

SLOVITER, Circuit Judge.

The district court denied defendants’ motion to set aside a default judgment entered as to them on March 8, 1983. Because the entry of the default judgment was unauthorized and improper, the court erred in refusing to set it aside.

I

The genesis of the dispute between the parties is the claim of plaintiff Gold Kist, Inc. that C.F. Simonin’s Sons, Inc. owed it $114,707.65, the contract price for peanut oil sold by Gold Kist and delivered to Simo-nin. Gold Kist filed suit for breach of contract in the United States District Court for the Eastern…

2Cases cited6 opinions

  1. Hritz v. Woma Corp.Court of Appeals for the Third Circuit · 1984
  2. United States v. $55,518.05 in U.S. Currency. Appeal of Gary GoldenCourt of Appeals for the Third Circuit · 1984
  3. Aida Feliciano v. Reliant Tooling Company, Ltd. And Union Special Corporation, Sun Alliance and London Insurance, LimitedCourt of Appeals for the Third Circuit · 1982
  4. Louis H. GROSS, Lillian C. Gross and Marvin Kowit, Co-Partners, Trading as Gross & Kowit v. STEREO COMPONENT SYSTEMS, INC., AppellantCourt of Appeals for the Third Circuit · 1983
  5. Andrew N. Farnese v. Alberto M. Bagnasco and Laila Covre, A.K.A. Laila Bagnasco. Appeal of Alberto M. BagnascoCourt of Appeals for the Third Circuit · 1982

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3Cited by274 opinions

  1. David Petrucelli Tracy A. Petrucelli, Husband and Wife v. Bohringer and Ratzinger, Gmbh Ausdereitungsanlagen Jake Diel Construction MacHine Inc. Teco Electric and MacHine Company, Ltd. v. Excel Recycling & Manufacturing, Inc., Third-Party David Petrucelli and Tracy A. PetrucelliCourt of Appeals for the Third Circuit · 1995
  2. Comdyne I, Inc. v. CorbinCourt of Appeals for the Third Circuit · 1990
  3. Combs v. Nick Garin TruckingCourt of Appeals for the D.C. Circuit · 1987
  4. William Longenette v. Peter Krusing William E. Perry, Special Agent Fbi Federal Bureau of InvestigationCourt of Appeals for the Third Circuit · 2003
  5. United States v. One Toshiba Color Television Two Answering MacHines One Health Tech Computer Reginald McGlory in No. 98-3578 (Pursuant to Rule 12(a), f.r.a.p.) (d.c. Civ. No. 90-Cv-00138) United States of America v. Assorted Jewelry Reginald McGlory in No. 98-3579 (Pursuant to Rule 12(a), f.r.a.p.) (d.c. Civ. No. 90-Cv-00370)Court of Appeals for the Third Circuit · 2000

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