No. 13571.

302 F.2d 321 (1962)

Austin T. FLETT, Plaintiff-Appellant, v. W. A. ALEXANDER & COMPANY, The Fidelity & Casualty Company of New York, Wade Fetzer, Jr., Walter M. Sheldon, John H. Sherman, American Mutual Insurance Alliance, Lumberman's Mutual Casualty Company, Newell Johnson, James S. Kemper, Sr., and Chase M. Smith, Defendants-Appellees.

United States Court of Appeals Seventh Circuit.

Rehearing Denied May 21, 1962.

Attorney(s) appearing for the Case

Benjamin Wham, Charles V. Falkenberg, Chicago, Ill., for appellant.

John B. Robinson, Jr., Chicago, Ill., for appellees.

William A. McSwain, Howard F. Husum, Chicago, Ill., for W. A. Alexander & Co., Wade Fetzer, Jr., Walter M. Sheldon, and John H. Sherman. Eckhart, Klein, McSwain & Campbell, Chicago, Ill., of counsel.

Leo F. Tierney, Bryson P. Burnham, Edward R. Lev, Chicago, Ill., for The Fidelity & Casualty Co. of New York. Mayer, Friedlich, Spiess, Tierney, Brown & Platt, Chicago, Ill., of counsel.

Douglas C. Moir, Charles J. Calderini, Chicago, Ill., for Lumberman's Mutual Casualty Co., James S. Kemper, Sr., and Chase M. Smith. Winston, Strawn, Smith & Patterson, Chicago, Ill., of counsel.

John B. Robinson, Jr., W. Donald McSweeney, Chicago, Ill., for American Mutual Insurance Alliance and Newell Johnson. Dallstream, Schiff, Hardin, Waite & Dorschel, Chicago, Ill., of counsel.

Before HASTINGS, Chief Judge, and CASTLE and SWYGERT, Circuit Judges.

HASTINGS, Chief Judge.

This appeal arises out of the refusal of the district court to grant plaintiff relief under Rule 60(b),1 Federal Rules of Civil Procedure, 28 U.S.C.A., from a judgment dismissing the action.

Plaintiff's original complaint was filed December 9, 1959 and was followed by a first amended complaint on February 17, 1960. The first amended complaint alleged that "defendants, American Mutual Insurance Alliance, Newell...

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