United States Sixth Circuit

Denial of defendant's motion for relief from a default judgment is reversed where relief was warranted under Federal Rule of Civil Procedure 60(b)(1) for excusable neglect, defendant raised meritorious defenses to plaintiff's claims of unfair representation under the Labor Management Relations Act and age discrimination, and there was no evidence of prejudice to plaintiff should the judgment be reopened.

Appellate Information

• Decided 01/12/2006
• Published 01/12/2006

Judges

• Before:  MARTIN, COLE, and GILMAN, Circuit Judges.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Grant D. Shoub, Hunter, Carnahan, Shoub & Byard, Columbus, Ohio, for Appellant.  David K. Greer, Columbus, Ohio, for Appellee.   ON BRIEF:  Grant D. Shoub, Hunter, Carnahan, Shoub & Byard, Columbus, Ohio, for Appellant.  David K. Greer, Columbus, Ohio, for Appellee.