Legal Opinion

Augusta Fiberglass Coatings, Inc. v. Fodor Contracting Corporation

Court of Appeals for the Fourth Circuit

Decided April 7, 1988No. 87-2551PublishedCited by 266 opinions

1Per curiam

The major issue presented by this appeal is whether the district court abused its discretion under Fed.R.Civ.P. 60(b) by denying a motion to vacate a default judgment. We conclude that the district court failed to apply the correct legal standard and that the default judgment should have been set aside.

I

Fodor Contracting Corporation (“Fo-dor”), a New Jersey corporation, was the general contractor for the installation of odor-control equipment at the Cape May County Municipal Utilities Authority composting facility in New Jersey. Augusta Fiberglass Coatings, Inc. (“Augusta”) is a South…

2Cases cited7 opinions

  1. United States v. Nasser MoradiCourt of Appeals for the Fourth Circuit · 1982
  2. Central Operating Company v. Utility Workers of America, Afl-CioCourt of Appeals for the Fourth Circuit · 1974
  3. Werner v. CarboCourt of Appeals for the Fourth Circuit · 1984
  4. Lolatchy v. Arthur Murray, Inc.Court of Appeals for the Fourth Circuit · 1987
  5. Park Corporation v. Lexington Insurance CompanyCourt of Appeals for the Fourth Circuit · 1987

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3Cited by266 opinions

  1. Walter Bateman v. United States Postal Service William J. Henderson, 1 Postmaster General, and Aaron Johnson Ben Fukumitsu David Burns Jose MallariCourt of Appeals for the Ninth Circuit · 2000
  2. Teamsters, Chauffeurs, Warehousemen and Helpers Union, Local No. 59 v. Superline Transportation Company, Inc.Court of Appeals for the First Circuit · 1992
  3. Johnson v. Dayton Electric Manufacturing Co.Court of Appeals for the Eighth Circuit · 1998
  4. Stephenson Ex Rel. Estate of MJK Clearing, Inc. v. El-BatrawiCourt of Appeals for the Eighth Circuit · 2008
  5. Anthony Fidrych v. Marriott International, Inc.Court of Appeals for the Fourth Circuit · 2020

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