Opinion

Joseph Savoretti, District Director, U.S. Immigration and Naturalization Service, Miami, Florida v. Alvaro Rodriguez-Jiminez

252 F.2d 290 · Court of Appeals for the Fifth Circuit · Feb 11, 1958

Full text

Joseph SAVORETTI, District Director, U. S. Immigration and Naturalization Service, Miami, Florida, Appellant, v. Alvaro RODRIGUEZ-JIMINEZ, Appellee

PER CURIAM. We are of the opinion that the district court erred in not setting aside the judgment by default which had been entered without the notice required by Rule 55 (b) (2) of the Federal Rules of Civil Procedure, 28 U.S.C.A. Such default judgment is therefore vacated and the cause remanded for further proceedings. Vacated and remanded.