U.S. Court of Appeals for the Third Circuit, 1969

Greco v. Reynolds

U.S. Court of Appeals for the Third Circuit · Decided October 9, 1969

416 F.2d 965 (Federal Reporter, Second Series)

Counsel

William B. Freilich, LaBrum & Doak, Philadelphia, Pa. (James M. Marsh, Philadelphia, Pa., on the brief), for appellants., Robert A. Korn, Winkour & Kahn, Philadelphia, Pa. (David H. Moskowitz, Philadelphia, Pa., on the brief), for appellee.

Cases that cite this one

7 later published cases cite this decision.

Cessna Finance Corporation v. Bielenberg Masonry Contracting, Inc., Paul Bielenberg (10th Cir. 1983)
Fernandes v. United States (District Court, D. Kansas 1996)
Hanagan v. Secretary of the Department of Health & Human Services (Court of Claims 1989)
Shapiro v. Baker (District Court, D. New Jersey 1986)
Petition of De Roma (District Court, D. New Jersey 1985)
General Tire & Rubber Co. v. Olympic Gardens, Inc. (District Court, E.D. Pennsylvania 1979)
Carl Greco v. Mary De Camp Reynolds and Lillian McLaughlin Mary De Camp Reynolds, in No. 17621, Lillian McLaughlin in No. 17622 (3d Cir. 1969)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion of the Court

OPINION OF THE COURT

PER CURIAM.

This is an appeal from the denial of a motion to set aside a default judgment entered against appellants in a diversity personal injury action.

Despite repeated written admonitions of appellee’s attorneys during the ten months following the filing of the complaint, neither appellants nor their insurer entered an appearance or filed an answer. A review of the record fails to reveal “excusable neglect” within the meaning of F.R.C.P. 60(b), 28 U.S.C.A. The non-testimonial affidavit concerning the omissions of Allstate Insurance Company is insufficient. Clearly there was no abuse of discretion by the district court.

Accordingly, the order of the district court will be affirmed.

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