Ciccarello v. Jos. Schlitz Brewing Co.

McCLINTIC, District Judge.

Plaintiff has filed a motion to direct the Clerk of the Court to make entry of default against the defendants, pursuant to Rule 55(a) of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to enter judgment by default under 55(b) in favor of the plaintiff, and to order an inquiry of damages. In support of the motion, he filed an affidavit of default and assigned as grounds therefor “that: (1) the case is subject to the provisions of the new Rules of Civil Procedure; (2) that the defendants have heretofore invoked the said new federal rules in making…