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United States Seventh Circuit


Bakery Machinery & Fabrication, Inc. v. Traditional Baking, Inc., 08-1967

District court order denying plaintiff's motion to vacate the default judgment against it is affirmed where plaintiff's claim for relief under Fed. R. Civ. P. 60(b)(6) based on the misconduct of its counsel fails as the counsel's actions, even with plaintiff's purported diligence, do not fall within the exceptions to the rule and do not rise to the level of exceptional to warrant such extraordinary relief.

Appellate Information

  • Argued 02/11/2009
  • Decided 06/29/2009
  • Published 06/29/2009

Judges

  • BAUER, Circuit Judge., Before BAUER, RIPPLE and WOOD, Circuit Judges.

Court

  • United States Seventh Circuit

Counsel

  • For Appellant:
  • David A. Novoselsky, Brian A. Schroeder (argued), Novoselsky Law Offices, Chicago, IL, for Plaintiff-Appellant.

  • For Appellees:
  • Robert M. Chemers (argued), Pretzel & Stouffer, Chicago, IL, for Defendant-Appellee.
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