Legal Opinion

Eagle Associates v. Bank of Montreal

Court of Appeals for the Second Circuit

Decided February 11, 1991No. 646, Docket 90-7707PublishedCited by 411 opinions

1Opinion of the Court

TIMBERS, Circuit Judge:

Appellant Eagle Associates (“Eagle”), appeals from a default judgment entered July 7, 1989, in the Southern District of New York, John F. Keenan, District Judge, based on Eagle’s failure to appear through counsel as ordered by the district court. The court awarded appellee Bank of Montreal (“Montreal”) $401,668.18 on a note issued by Eagle, and dismissed Eagle’s counter-claims and cross-claims.

On appeal, Eagle contends that the district court abused its discretion in entering the default judgment.

In this case of first impression in this Court, we hold that the district…

2Cases cited19 opinions

  1. Davis v. MuslerCourt of Appeals for the Second Circuit · 1983
  2. Ples Elworth Russell and Roy Russell v. United StatesCourt of Appeals for the Ninth Circuit · 1962
  3. James A. McShane v. United States of America, Scottish Law Society, English Law Society, Rhodesian Immigration AuthorityCourt of Appeals for the Ninth Circuit · 1966
  4. Turner v. American Bar Ass'nDistrict Court, S.D. Alabama · 1975
  5. Fed. Sec. L. Rep. P 96,038 Randolph Phillips v. John E. Tobin, Ralph K. Gottshall, and Alleghany CorporationCourt of Appeals for the Second Circuit · 1976

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3Cited by411 opinions

  1. Rowland v. California Men's Colony, Unit II Men's Advisory CouncilSupreme Court of the United States · 1993
  2. City of New York v. Mickalis Pawn Shop, LLCCourt of Appeals for the Second Circuit · 2011
  3. United States Ex Rel. Mergent Services v. FlahertyCourt of Appeals for the Second Circuit · 2008
  4. Patricia MacHadio v. Kenneth S. Apfel, Commissioner of Social SecurityCourt of Appeals for the Second Circuit · 2002
  5. Ackra Direct Marketing Corp. And Michael Ackerman, Individually v. Fingerhut Corp.Court of Appeals for the Eighth Circuit · 1996

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