Legal Opinion
Port-Wide Container Co. v. Interstate Maintenance Corp.
Court of Appeals for the Third Circuit
Decided April 13, 1971No. Nos. 19120-19122PublishedCited by 23 opinions
1Opinion of the Court
OPINION OF THE COURT
2Per curiam
In this contractual action a default and a judgment by default were entered by the clerk of the district court under Rule 55(b) (1), Federal Rules of Civil Procedure. Subsequently, the defendant moved to vacate the default judgment. That motion was denied and this appeal followed.
It is argued that the entry of judgment by the clerk without notice, as provided in Rule 55(b) (1), rather than by the court after notice, as provided in Rule 55(b) (2), was improper. Subsection (b) (1) authorizes the procedure followed in this case only if the defendant “has been defaulted for…
3Cited by23 opinions
- Sun Bank of Ocala v. Pelican Homestead and Savings Association, and Third Party v. American First Mortgage Funding Corp., Third PartyCourt of Appeals for the First Circuit · 1989
- Cactus Pipe & Supply Co. v. M/V MontmartreCourt of Appeals for the Fifth Circuit · 1985
- Charlton L. Davis & Company, P. C. v. Fedder Data Center, Inc., Financial Computer CorporationCourt of Appeals for the Fifth Circuit · 1977
- Laura Wilson v. Moore and Associates, Inc., Dba Uni-Check, Fdba Telecheck Hawaii, a Hawaii CorporationCourt of Appeals for the Ninth Circuit · 1977
- Cockrell v. World's Finest Chocolate Co., Inc.Supreme Court of Alabama · 1977
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