Russell Blois, in His Own Behalf and in Behalf of All Others Similarly Situated v. Elmer O. Friday, Chairman, Florida Industrial Relations Commission

Plaintiff Russell Blois appeals the district court’s denial of his motion for rehearing that requested relief from the final entry of a default summary judgment. On April 23, 1979, plaintiff filed this motion pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. The grant or denial of motions to vacate judgments under Rule 60(b) are within the sound discretion of the district court, and we will reverse only upon a showing of abuse of this discretion. Roberts v. Rehoboth Pharmacy, Inc., 574 F.2d 846, 847 (5th Cir. 1978). Since we find such abuse in this case, we reverse and remand to…