Babcock & Wilcox Co. v. Manico Inc‪.‬

On July 25, 1989, the district court granted plaintiffs' motion for summary judgment and permanently enjoined defendants from producing replacement parts for the Bailey valve, a product designed and manufactured by plaintiffs. Defendants moved for relief from summary judgment on October 6, 1989. Because defendants' counsel did not oppose plaintiffs' motion for summary judgment and subsequently failed to prove excusable neglect or any other justification for his inaction, the district court denied defendants' motion for relief. Babcock & Wilcox Co., et al. v. Manico, Inc., et al., No. C88-2079, order at 3 (N.D. Ohio Nov. 14, 1989).