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eBook details

• Title: Lee v. Sage Creek Refining Co.
• Author : Supreme Court of the United States
• Release Date : January 06, 1997
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 58 KB

Description

The resolution of this case turns upon the validity of the contention by Gene Lee and Georgine Lee (Lees) that the district court abused its discretion in refusing to set aside their default entered by the clerk of the district court pursuant to WYO. R. CIV. P. 55(a). The Lees failed to answer or otherwise plead to the Complaint filed by Sage Creek Refining Co. (Sage Creek) within the thirty days provided by WYO. R. CIV. P. 12(a), after service of process was made upon them in Arizona pursuant to the provisions of WYO. R. CIV. P. 4(l)(2). More than thirty days after service was completed, Sage Creek applied for entry of default, and an Entry of Default was made by the clerk of the district court. The Lees were unsuccessful in persuading the district court to set aside the entry of default, and after an appropriate hearing on damages, the court entered judgment against the Lees in the amount of $26,200.00 plus costs of $3,000.00. A collateral issue relates to the impropriety of the theory invoked by the trial court to arrive at damages. We hold that the trial court did not abuse its discretion in refusing to set aside the default, and the Order providing a judgment in favor of Sage Creek against the Lees is affirmed.

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