Nederlandsche Handel-Maatschappij, N. v. Also Known as Netherlands Trading Society v. Jay Emm, Inc., and Satiris G. Fassoulis

LUMBARD, Chief Judge.

The sole question presented is whether the district court abused its discretion in denying, on June 12, 1961, the motion of the appellants, under Rule 60(b) (1) and (3) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to vacate the judgment taken against them by default on October 25, 1960. We find ample support for Judge Metzner’s refusal to set aside the default.

„T , . The plaintiff, a Netherlands corpora-turn brought suit, under the diversity junsdiction, in the Southern District of ew ore in o-rem er o en orce the guarantee of Safaris G Fassoulis on nine…