Ruth E. Fulton, Appellant, v. American Sugar Refining Company, 270 F.2d 390 (3d Cir. 1959)

Annotate this Case
US Court of Appeals for the Third Circuit - 270 F.2d 390 (3d Cir. 1959) Argued September 24, 1959
Decided September 29, 1959

Appeal from the United States District Court for the Eastern District of Pennsylvania; William H. Kirkpatrick, Judge.

Andrew J. Transue, Flint, Mich. (Frank J. Eustace, Jr., Philadelphia, Pa., Rene J. Ortlieb, Flint, Mich., on the brief), for appellant.

Samuel B. Fortenbaugh, Jr., Philadelphia, Pa. (Herbert G. Schick, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., on the brief), for appellee.

Before GOODRICH, STALEY and HASTIE, Circuit Judges.


This is an appeal from an order dismissing the plaintiff's motion to set aside a default judgment and reinstate the case for trial. The only ground which the plaintiff can rely on is Rule 60(b) (6), 28 U.S.C.A.

We have examined and considered the facts of the case. We do not find any basis on which we can say that the discretion of the trial court was improperly exercised.

The judgment of the district court will be affirmed.