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Bakery Machinery & Fabrication, Inc. v. Traditional Baking, Inc.

United States Court of Appeals for the Seventh Circuit
570 F.3d 845 (2009)


Facts

In the course of contract litigation, Bakery Machinery & Fabrication, Inc. (BMF) (defendant) discovered that the federal district court had entered default judgment against it as a result of its attorney’s malpractice. According to BMF, its attorney, Hinterlong, had consistently represented over a period of nine months that the lawsuit was proceeding favorably. BMF moved the court to vacate the default judgment on the ground that Hinterlong’s misconduct amounted to exceptional circumstances that would warrant relief from judgment under Federal Rule of Civil Procedure (FRCP) 60(b)(6). The district court denied BMF’s motion to vacate judgment, and BMF appealed.

Rule of Law

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Issue

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Holding and Reasoning (Bauer, J.)

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  • A "yes" or "no" answer to the question framed in the issue section;
  • A summary of the majority or plurality opinion, using the CREAC method; and
  • The procedural disposition (e.g. reversed and remanded, affirmed, etc.).

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