Weiss Noodle Company v. Sandy Aprile, Samuel Bellante, Doing Business as Columbus MacAroni & Noodle Company

This is an appeal from an order of the District Court which entered a default judgment against plaintiff below dismissing the complaint for failure to answer interrogatories served by the defendants.

Appellant had filed objections to the interrogatories which were overruled by the District Court on October 2, 1958. Under Rule 33 of the Federal Rules of Civil Procedure, 28 U.S.C.A. appellant had 15 days thereafter to answer the interrogatories. It did not do so and on October 29, 1958, appellees filed their motion for default judgment which was granted by the Court.

Appellant offered as an…