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STIERS v. MARTIN

No. 8060.

277 F.2d 737 (1960)

Percy T. STIERS, Appellant, v. James I. MARTIN, Appellee.

United States Court of Appeals Fourth Circuit.

Decided April 25, 1960.

Attorney(s) appearing for the Case

Charles W. Laughlin, Richmond, Va., for appellant.

J. Kenneth Lee, Greensboro, N. C. (Major S. High, Greensboro, N. C., on the brief) for appellee.

Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.

PER CURIAM.

After this Court affirmed a judgment awarding damages to the plaintiff,1 the defendant filed a motion in the District Court under Rule 60(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., by which he sought a new trial upon the ground of newly discovered evidence and fraud. Attached to the motion were the affidavits of three persons stating that the plaintiff rented and planted only three acres of the defendant's land...

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