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Bank of Montreal v. Olafsson

United States Court of Appeals for the Sixth Circuit
648 F.2d 1078 (1981)


Facts

The Bank of Montreal (the Bank) (plaintiff), a Canadian corporation, sued Thorhallur Olafsson (defendant), a citizen of Iceland, in the United States District Court for the Eastern District of Michigan. Olafsson failed to respond to the Bank’s suit. As a result, the district court entered a default judgment in favor of the Bank. In reliance on the default, the Bank filed liens on realty owned by Olafsson in Michigan, and the property was sold to the Bank in satisfaction of the judgment. Thereafter, Olafsson moved to set aside the judgment, arguing that there was no diversity of citizenship and the district court therefore lacked subject matter jurisdiction. The district court granted Olafsson’s motion and set aside the default judgment because it concluded that it was entered in excess of its power and dismissed the case. The Bank appealed.

Rule of Law

Issue

Holding and Reasoning (Per Curiam)

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