United States v. Erdoss, No. 494
| Court | United States Courts of Appeals. United States Court of Appeals (2nd Circuit) |
| Writing for the Court | LUMBARD, , and SMITH and FEINBERG, Circuit |
| Citation | 440 F.2d 1221 |
| Parties | UNITED STATES of America, Plaintiff-Appellee, v. Klari A. ERDOSS, Executrix of the Will of Akos Horvath, Deceased, Defendant. Ernest V. HORVATH and George A. Horvath, Defendants-Appellants, v. MASMO, INC. (Formerly known as Massachusetts Mohair Plush Company, Inc.), Defendant. |
| Docket Number | No. 494,Docket 35558. |
| Decision Date | 02 April 1971 |
440 F.2d 1221 (1971)
UNITED STATES of America, Plaintiff-Appellee,
v.
Klari A. ERDOSS, Executrix of the Will of Akos Horvath, Deceased, Defendant.
Ernest V. HORVATH and George A. Horvath, Defendants-Appellants,
v.
MASMO, INC. (Formerly known as Massachusetts Mohair Plush Company, Inc.), Defendant.
No. 494, Docket 35558.
United States Court of Appeals, Second Circuit.
Argued February 17, 1971.
Decided April 2, 1971.
David Fisher, New York City (Manes, Sturim, Roth & Fisher, Paul A. Douglas, New York City, of counsel), for defendants-appellants.
Richard S. Toder, Asst. U. S. Atty. (Whitney North Seymour, Jr., U. S. Atty., S. D. N. Y., David Paget, Asst. U.
Before LUMBARD, Chief Judge, and SMITH and FEINBERG, Circuit Judges.
JOSEPH J. SMITH, Circuit Judge:
Defendants appeal from a decision of the United States District Court for the Southern District of New York (Harold R. Tyler, Jr., Judge), denying their motion pursuant to Rule 60(b), Federal Rules of Civil Procedure, to vacate the default judgment entered against them for over $3 million. Rule 60(b) provides in relevant part:
On motion and upon such terms as are just, the court may relieve a party or his legal representative from a final judgment, order, or proceeding for the following reasons: (1) mistake, inadvertence, surprise, or excusable neglect * * * (6) or any other reason justifying relief from the operation of the judgment.
Defendants argue that Judge Tyler's refusal to grant their motion constitutes an abuse of the discretion which is provided the trial judge by the terms of the Rule. We find no abuse of discretion, and affirm the denial of defendant's motion.
The suit which gave rise to the judgment in question was an action brought by the United States as a judgment creditor of a now defunct corporation known as Horvath Mills, Inc., against the defendants to recover an amount alleged under New York law to have been improperly transferred by the corporation to them. In 1958, the United States obtained a judgment against Horvath Mills. Since Horvath Mills was found to be insolvent, the present action against the Horvaths and Masmo, Inc. was filed in January, 1964 after the government discovered the transferral of assets. In January, 1970, the district judge called a pretrial conference and informed counsel that trial would commence on or about February 18, 1970. On February 17, 1970, defendants Ernest and George Horvath filed voluntary petitions in bankruptcy in the district court. Discussions between counsel concerning termination of the litigation by either a consent or default judgment followed. On March 16, 1970, the government filed before the Referee in Bankruptcy proofs of claim against the two Horvath defendants, reciting the claim in the sum of more than $3 million.
In April, 1970, Assistant United States Attorney Toder discussed with a member of the law firm representing the Horvaths...
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Leab v. Streit, No. 83 Civ. 5232 (SWK).
...a motion to vacate is within the trial judge's discretion. Davis v. Musler, 713 F.2d 907, 912 (2d Cir.1983); United States v. Erdoss, 440 F.2d 1221, 1223 (2d Cir.1971), cert. denied, 404 U.S. 849, 92 S.Ct. 83, 30 L.Ed.2d 88 (1972). Motions to vacate default judgments, however, are to be gra......
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Carr v. District of Columbia, No. 74-1331
...E. g., Lubben v. Selective Serv. Sys. Local Bd. No. 27, 453 F.2d 645, 651, 14 A.L.R.Fed. 298 (1st Cir. 1972); United States v. Erdoss, 440 F.2d 1221, 1223 (2d Cir.), cert. denied, 404 U.S. 849, 92 S.Ct. 83, 30 L.Ed.2d 88 (1971); Gulf Coast Bldg. & Supply Co. v. Electrical Workers Local 480,......
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Financial Planning Ass'n v. S.E.C., No. 04-1242.
...380, 393, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993); Hesling v. CSX Transp. Inc., 396 F.3d 632, 643 (5th Cir. 2005); United States v. Erdoss, 440 F.2d 1221, 1223 (2d Cir.1971). Similarly, in Am. Bankers Ass'n v. SEC, this court explained A universal clause preceding every definition in the stat......
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Nemaizer v. Baker, No. 252
...or his inability to efficiently manage his caseload." United States v. Cirami, 535 F.2d 736, 739 (2d Cir.1976); United States v. Erdoss, 440 F.2d 1221 (2d Cir.), cert. denied sub nom. Horvath v. United States, 404 U.S. 849, 92 S.Ct. 83, 30 L.Ed.2d 88 (1971); Schwarz v. United States, 384 F.......
-
Leab v. Streit, No. 83 Civ. 5232 (SWK).
...a motion to vacate is within the trial judge's discretion. Davis v. Musler, 713 F.2d 907, 912 (2d Cir.1983); United States v. Erdoss, 440 F.2d 1221, 1223 (2d Cir.1971), cert. denied, 404 U.S. 849, 92 S.Ct. 83, 30 L.Ed.2d 88 (1972). Motions to vacate default judgments, however, are to be gra......
-
Carr v. District of Columbia, No. 74-1331
...E. g., Lubben v. Selective Serv. Sys. Local Bd. No. 27, 453 F.2d 645, 651, 14 A.L.R.Fed. 298 (1st Cir. 1972); United States v. Erdoss, 440 F.2d 1221, 1223 (2d Cir.), cert. denied, 404 U.S. 849, 92 S.Ct. 83, 30 L.Ed.2d 88 (1971); Gulf Coast Bldg. & Supply Co. v. Electrical Workers Local 480,......
-
Financial Planning Ass'n v. S.E.C., No. 04-1242.
...380, 393, 113 S.Ct. 1489, 123 L.Ed.2d 74 (1993); Hesling v. CSX Transp. Inc., 396 F.3d 632, 643 (5th Cir. 2005); United States v. Erdoss, 440 F.2d 1221, 1223 (2d Cir.1971). Similarly, in Am. Bankers Ass'n v. SEC, this court explained A universal clause preceding every definition in the stat......
-
Nemaizer v. Baker, No. 252
...or his inability to efficiently manage his caseload." United States v. Cirami, 535 F.2d 736, 739 (2d Cir.1976); United States v. Erdoss, 440 F.2d 1221 (2d Cir.), cert. denied sub nom. Horvath v. United States, 404 U.S. 849, 92 S.Ct. 83, 30 L.Ed.2d 88 (1971); Schwarz v. United States, 384 F.......