Still v. Cole (In re Asphalt Contractors Equipment Co.)

RALPH H. KELLEY, Chief Judge.

The question before the court is whether to vacate a default judgment for $113,000 entered against the defendants, Mr. Robertson and Mr. Cole, in favor of the plaintiff, the bankruptcy trustee in the case of Asphalt Paving Contractors Equipment Company (the bankrupt).

The bankrupt filed a bankruptcy liquidation case in December, 1978. C. Kenneth Still was immediately appointed receiver and later was appointed trustee. In March, 1979, Mr. Robertson and Mr. Cole were in the trustee’s office discussing some blueprints for asphalt manufacturing equipment. The trustee…