MOOLENAAR v. GOVERNMENT OF VIRGIN ISLANDS

No. 86-3301.

822 F.2d 1342 (1987)

Jessica T. and Halver L. MOOLENAAR v. GOVERNMENT OF the VIRGIN ISLANDS and Virgin Islands Port Authority. Appeal of GOVERNMENT OF the VIRGIN ISLANDS.

United States Court of Appeals, Third Circuit.

Decided July 2, 1987.

Rehearing and Rehearing Denied July 27, 1987.


Attorney(s) appearing for the Case

Leroy A. Mercer, Atty. Gen., Rosalie Simmonds Ballentine and Karl Raymond Percell (argued), Asst. Attys. Gen., St. Thomas, V.I., for appellant.

Randall Scott Johns (Argued), Christiansted, St. Croix, for appellee.

Before SEITZ, HIGGINBOTHAM, and ROSENN, Circuit Judges.


Rehearing and Rehearing In Banc Denied July 27, 1987.

OPINION OF THE COURT

ROSENN, Circuit Judge.

This appeal raises the question of whether, pursuant to Fed.R.Civ.P. 60(b)(6), a district court may reopen a final judgment assertedly based on an incorrect set of facts, where the plaintiffs' attorney allegedly possessed but did not present, and the Government's trial attorney should have received but by virtue...

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