Legal Opinion

Fustok v. ContiCommodity Services, Inc.

Court of Appeals for the Second Circuit

Decided April 19, 1989No. 744, Docket 88-7918PublishedCited by 67 opinions

1Opinion of the Court

SWEET, District Judge:

This is an appeal by third party defendant-appellant Naji R. Nahas (“Nahas”) of a decision by the Honorable Morris E. Lasker denying his motion pursuant to Fed.R.Civ.P. 60(b) to set aside an amended default judgment (the “Judgment”) against Nahas. 122 F.R.D. 151. Nahas claims that by entering the Judgment, which is based on a settlement between plaintiff Mahmoud Fustok and defendants and third-party plaintiffs-appellees ContiCom-modity Services, Inc. (“Conti”), he was deprived of his property without due process of law.

Rule 60(b)(4) of the Federal Rules of Civil…

2Cases cited2 opinions

  1. Fustok v. Conticommodity Services, Inc.District Court, S.D. New York · 1988
  2. Otte v. Manufacturers Hanover Commercial Corp.Court of Appeals for the Second Circuit · 1979

3Cited by67 opinions

  1. Action S.A. And Deltamar Establishment v. Marc Rich & Co., Inc. And Marc Rich, Marc RichCourt of Appeals for the Second Circuit · 1991
  2. Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp.Court of Appeals for the Second Circuit · 1997
  3. James v. FrameCourt of Appeals for the Fifth Circuit · 1993
  4. Transatlantic Marine Claims Agency, Inc. v. Ace Shipping Corp.Court of Appeals for the Second Circuit · 1997
  5. Henry Tamarin, as Chairman of the Board of Trustees of the Local 100 Vacation Fund v. Adam Caterers, Inc.Court of Appeals for the Second Circuit · 1993

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