Legal Opinion

Associates Discount Corporation v. Sophie Goldman, Administratrix of the Estate of Maurice Goldman, Deceased, and Sophie Goldman, Individually

Court of Appeals for the Third Circuit

Decided October 30, 1975No. 75-1144PublishedCited by 23 opinions

1Opinion of the Court

OPINION OF THE COURT

WEIS, Circuit Judge.

The defendant Sophie Goldman appeals from the denial of her motion to vacate a consent judgment against her in a suit based upon a written guaranty. She alleged, and plaintiff Associates Discount Corporation did not controvert, that her signature on the agreement was a forgery. The district court concluded that this fact was not “newly discovered evidence” under Fed.R. Civ.P. 60(b)(2) and that there was no basis for a finding of inadvertence or excusable neglect on the part of defendant’s counsel under Rule 60(b)(1). 1 We remand for a consideration of…

2Cases cited2 opinions

  1. Thomas v. Colorado Trust Deed Funds, Inc.Court of Appeals for the Tenth Circuit · 1966
  2. Freeman v. McCarthyCourt of Appeals for the Third Circuit · 1946

3Cited by23 opinions

  1. Keithley Edwards v. Born, Inc. Appeal of Keithley Edwards and Edith EdwardsCourt of Appeals for the Third Circuit · 1986
  2. Surety Insurance Company of California v. Lee Williams and Betty WilliamsCourt of Appeals for the Eighth Circuit · 1984
  3. Smith v. Widman Trucking & Excavating, Inc.Court of Appeals for the Seventh Circuit · 1980
  4. The Bradford Exchange v. The Trein's Exchange, Trein's Gift Collector Showcase, James Petrozzini, Gordon Brantley, and Mike ReimerCourt of Appeals for the Seventh Circuit · 1979
  5. Gomez v. City of New YorkCourt of Appeals for the Second Circuit · 2015

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