Federal Enterprises, Inc. v. Frank Allbritten Motors, Inc.

WHITTAKER, District Judge.

Whether a default judgment shall be set aside, under Rule 60(b) of Federal Rules of Civil Procedure, 28 U.S.C.A., is the question now before me.

Plaintiff, a New York corporation, commenced this suit in this court, on December 28, 1953, against the defendant, a Kansas corporation, licensed and qualified to do business in Missouri, upon two electric sign rental contracts, but in five counts. I state the substance of each count, in the footnote 1, to show the definite character and fixed amount of the claims in suit. Summons was served by the marshal December 30, 1953,…