Summary
applying abuse-of-discretion standard in appeal of district court order denying Rule 55(c) motion seeking vacation of entry of default
Summary of this case from Farzetta v. Turner & Newall, Ltd.Opinion
Nos. 71-1752, 71-1753.
Argued June 9, 1972.
Decided July 6, 1972. Certiorari Denied October 10, 1972.
Thomas F. Weis, Weis Weis, Daniel J. Weis, Pittsburgh, Pa., for appellant.
Jerry B. Landis, Robert A. Cohen, Pittsburgh, Pa., for appellees.
Appeal from the United States District Court for the Western District of Pennsylvania.
Before HASTIE, GIBBONS and MAX ROSENN, Circuit Judges.
OPINION OF THE COURT
This appeal challenges as an abuse of discretion the refusal of the trial judge to vacate a default entered against a garnishee as a result of its failure for 43 days to answer Interrogatories in Attachment despite the requirement of law that answer be filed within twenty days.
Rule 55(c), Federal Rules of Civil Procedure, under which appellant sought relief, authorizes a District Court "[f]or good cause shown . . . [to] set aside an entry of default." Moreover, as the court below observed in this case, trial of the merits of a claim is preferable to disposition by default. However, on the present record we cannot say that the District Court acted arbitrarily or unfairly in refusing to vacate the default.
The judgment entered pursuant to default will be affirmed.