Legal Opinion

Seven Elves, Incorporated v. Jack S. Eskenazi, Esko Industries, Inc., Gary Liebman and Jack Riback

Court of Appeals for the Fifth Circuit

Decided January 26, 1981No. 79-2845PublishedCited by 398 opinions

1Opinion of the Court

TATE, Circuit Judge:

This is an appeal from an order denying the appellants’ motion to vacate a judgment in damages for malicious prosecution and slander. The judgment was entered in a proceeding at which the appellants did not appear, either personally or through an attorney. Their motion to vacate was brought under Fed.R.Civ.P. 55(c) (setting aside default judgment) and 60(b) (relief from judgment), and was denied by the district court without written reasons. Because we find merit in the appellants’ contentions under Rule 60(b), we vacate the challenged order and the judgment entered below.…

2Cases cited14 opinions

  1. Klapprott v. United StatesSupreme Court of the United States · 1949
  2. Bankers Mortgage Company v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  3. National Labor Relations Board v. Natural Gas Utility DistrictSupreme Court of the United States · 1971
  4. Bass v. HoaglandCourt of Appeals for the Fifth Circuit · 1949
  5. John T. Fackelman v. Griffin B. Bell, Attorney GeneralCourt of Appeals for the Fifth Circuit · 1977

9 more not listed; retrieve them via the Exa API.

3Cited by398 opinions

  1. City of New York v. Mickalis Pawn Shop, LLCCourt of Appeals for the Second Circuit · 2011
  2. Samuel Nemaizer, General Manager of the New York Coat, Suit, Dress, Rainwear and Allied Workers' Union I.L.G.W.U. v. Jack Baker, an IndividualCourt of Appeals for the Second Circuit · 1986
  3. Edward H. Bohlin Co., Inc. v. Banning Co., Inc.Court of Appeals for the Fifth Circuit · 1993
  4. D. Omar Valdez, Worldstar Communications Corp. v. James S. FeltmanCourt of Appeals for the Eleventh Circuit · 2003
  5. Helen Varnes v. Local 91, Glass Bottle Blowers Association of the United States and CanadaCourt of Appeals for the Eleventh Circuit · 1982

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