Standard Grate Bar Co. v. Defense Plant Corp.

WATSON, District Judge.

This is a motion by one of the defendants, the Esslinger-Misch Company, under the provisions of Rule 60(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for relief from a judgment taken against it by the plaintiff.

The summons was caused to be issued September 21, 1943. Service, of same was duly made upon the Esslinger-Misch Company (hereinafter called the defendant) September 23, 1943. No appearance was entered for the defendant and no answer was filed. On November 19, 1943, thirty seven days after the defendant was required to answer had…