U.S. Court of Appeals for the Fifth Circuit, 1958

Joseph Savoretti, District Director, U.S. Immigration and Naturalization Service, Miami, Florida v. Alvaro Rodriguez-Jiminez

Joseph Savoretti, District Director, U.S. Immigration and Naturalization Service, Miami, Florida v. Alvaro Rodriguez-Jiminez
U.S. Court of Appeals for the Fifth Circuit · Decided February 11, 1958 · Rives, Brown, Wisdom
252 F.2d 290; 1958 U.S. App. LEXIS 3693 (Federal Reporter, Second Series)

Joseph Savoretti, District Director, U.S. Immigration and Naturalization Service, Miami, Florida v. Alvaro Rodriguez-Jiminez

Opinion

PER CURIAM.

We are of the opinion that the district court erred in not setting aside the judgment by default which had been entered without the notice required by Rule 55 (b) (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Such default judgment is therefore vacated and the cause remanded for further proceedings.

Vacated and remanded.

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