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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MARYLAND : WAINWRIGHT'S VACATIONS, LLC : : v. : : PAN AMERICAN AIRWAYS CORP. : : ...o0o...

CIVIL NO. CCB-99-1145

MEMORANDUM This case arises from two contracts in which Defendant Pan American Airways Corporation ("Pan Am") agreed to provide air transportation for customers of Plaintiff Wainwright's Vacations, LLC ("Wainwright's"). In an earlier opinion, the

court dismissed several of the original allegations and permitted Wainwright's to proceed on a claim for injurious falsehood. 25, 2000.) (CCB-99-1145, Memorandum and Order issued February That ruling left the injurious falsehood claim and

Pan Am's counterclaim for money owed it under the contract to be resolved at trial. On May 23, 2000, however, the court

dismissed the complaint with prejudice and entered a default in favor of Pan Am on its counterclaim. (CCB-99-1145, Wainwright's now

Memorandum and Order issued May 23, 2000.)

moves this court to vacate the entry of default pursuant to Fed. R. Civ. P. 55(c) and to reconsider the dismissal of its complaint pursuant to Fed. R. Civ. P. 60(b). 1 Pan Am opposes

this motion and moves the court to enter a judgment by default against Wainwright's. This matter has been fully briefed and See Local Rule 105.6. The court

no hearing is necessary.

will grant the plaintiff's motion and vacate both the entry of default and its dismissal of the complaint with prejudice. Accordingly, it will deny Pan Am's motion for entry of judgment by default.1

BACKGROUND The Contracts At the time this lawsuit was filed, Wainwright's was in the business of selling vacation packages which included air transportation, hotel accommodations, and other amenities. Pan Am owned and operated several aircraft that it chartered to tour companies. (Compl.

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Maryland Law