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· 5/29/1963

United States ex rel. Noll v. Fay

Citations

  • 219 F. Supp. 262
  • 1963 U.S. Dist. LEXIS 7444

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding a defect in service and concluding that “[p]laintiff's motion for default judgment is denied as to [certain defendants] and” vacating the clerk’s entry of default
  • denying entry of default judgment where plaintiff failed to offer any direct or circumstantial evidence demonstrating that an “Associate Administrator” was a person capable of accepting service under Fed. R. Civ. P. 4(h)(1)(B)
  • denying entry of default judgment where plaintiff failed to offer any direct or circumstantial evidence demonstrating that an “Associate Administrator” was a person capable of accepting service under Fed. R. Civ. P. 4(h)(1)(B)
  • denying entry of default judgment where plaintiff failed to offer any direct or circumstantial evidence demonstrating that an “Associate Administrator” was a person capable of accepting service under Fed. R. Civ. P. 4(h)(1)(B)
  • considering three requisite factors for vacating a Clerk’s entry of default
  • plaintiff has burden to prove existence of “agency relationship” between 24 defendant and individual who purportedly accepted service as defendant’s 25 authorized appointed agent

Source: CourtListener parenthetical corpus (CC0).

Judges: Edelstein

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.