Frank Savarese v. Edrick Transfer & Storage, Inc., a Wisconsin Corporation

Before LUMBARD, KOELSCH and WRIGHT, Circuit Judges.

Defendant Edrick Transfer & Storage, Inc. [Edrick], appeals from the entry of a default judgment against it in the District Court of Arizona.

Plaintiff Frank Savarese filed his complaint in this action on April 6, 1972, in the Superior Court of Maricopa County, Arizona. He alleged that Edrick owed him $6,501.83 in unpaid wages and com missions and $5,400.00 that it had received from him for payment of a truck which it had later repossessed. Savarese also alleged that he had in his possession some $2,578.41 which belonged to defendant and which he asked the court to permit him to apply to his claim of $11,-901.83. Edrick removed the case to the district court on May 31, 1972. It thereafter took no action and a default was entered on January 22, 1973. The district court denied Edrick’s motion under Fed.R.Civ.P. 55(c) to set aside the entry of default and entered a default judgment on March 29, 1973, which awarded Savarese the relief sought in his complaint. The district court later denied a motion under Fed.R.Civ.P. 60(b) to vacate its judgment and Edrick appealed.

On appeal Edrick argues that the default judgment…