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Emma v. Murphy, 93-1899 (1994)

Court: Court of Appeals for the First Circuit Number: 93-1899
Filed: May 06, 1994
Latest Update: Mar. 02, 2020
Summary: May 6, 1994 [NOT FOR PUBLICATION] UNITED STATES COURT OF APPEALS FOR THE FIRST CIRCUIT ___________________ No. 93-1899 ARNOLD EMMA, ET AL., Defendants, Appellants. They argue that the district court erred in denying their motion to remove the default, and in the subsequent assessment of damages.
USCA1 Opinion









May 6, 1994 [NOT FOR PUBLICATION]


UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT



___________________


No. 93-1899




ARNOLD EMMA, ET AL.,

Plaintiffs, Appellees,

v.

PAUL B. MURPHY, ETC., ET AL.,

Defendants, Appellants.


__________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. William G. Young, U.S. District Judge]
___________________

___________________

Before

Breyer, Chief Judge,
___________
Cyr and Stahl, Circuit Judges.
______________

___________________

Nancy Ankers White, Special Assistant Attorney General, and
__________________
Peter J. Morin on brief for appellants.
______________



__________________

__________________

















Per Curiam. Defendants appeal from a default
___________

judgment entered after they failed to file an answer or other

appearance within the time specified in the Federal Rules of

Civil Procedure. They argue that the district court erred in

denying their motion to remove the default, and in the

subsequent assessment of damages.

In the absence of legal error, we review the denial

of a motion to remove a default solely for an abuse of

discretion. General Contracting & Trading Co., LLC v.
__________________________________________

Interpole, Inc., 899 F.2d 109, 110 (1st Cir. 1990).
________________

Defendants offer no persuasive reason to suggest that the

district court abused its discretion and we perceive no abuse

in the record.

As to the assessment of damages, defendants failed

to timely file in the district court any opposition to

plaintiffs' two consecutive motions for assessment, despite

notice of each motion and an intervening order by the court

placing the case on the running trial list "should there be a

factual dispute as to the damages." Issues not properly

presented to the trial court will not be addressed for the

first time on appeal. United States v. Palmer, 956 F.2d 3, 6
_____________ ______

(1st Cir. 1992).

Affirmed.
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Source:  CourtListener

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