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Civil Procedure Keyed to Crump
Butner v. Neustadter
Facts
Defendant was served in California regarding a claim for an unpaid note by the plaintiff. The defendant had 10 days to answer under California law, and proceeded to forward all the relevant papers to his attorney in Arkansas, and his attorney contacted the plaintiff’s counsel close to the end of the 10-day period, but he was out of town. The defendant’s attorney requested for an extension of time but by the time the plaintiff’s lawyer responded, he informed the defendants attorney he already obtained a default judgement. However, the defendant then timely removed the case to federal court and answered, arguing the answer should be valid and the default judgment set aside.
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