416 F.2d 965 - Greco v. Reynolds — 416 F.2d 965

How this case has been cited

Cited by 8 later decisions — most recently November 1996

1 federal appellate · 3 district ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1William B. Freilich, LaBrum & Doak, Philadelphia, Pa. (James M. Marsh, Philadelphia, Pa., on the brief), for appellants.

¶2Robert A. Korn, Winkour & Kahn, Philadelphia, Pa. (David H. Moskowitz, Philadelphia, Pa., on the brief), for appellee.

¶3Before STALEY, SEITZ and STAHL, Circuit Judges.

¶4OPINION OF THE COURT

¶5PER CURIAM.

¶6This is an appeal from the denial of a motion to set aside a default judgment entered against appellants in a diversity personal injury action.

¶7Despite 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.

¶8Accordingly, the order of the district court will be affirmed.