VALMONT INDUSTRIES, INC. v. ENRESCO, INC.

No. 548-70.

446 F.2d 1193 (1971)

VALMONT INDUSTRIES, INC., et al., Plaintiffs-Appellees, v. ENRESCO, INC., a Colorado corporation, and Yuma Manufacturing Company, Inc., a Colorado corporation, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied September 29, 1971.


Attorney(s) appearing for the Case

Richard W. Hanes, Colorado Springs, Colo. (Charles E. Painter, Colorado Springs, Colo., and James M. Naylor and John K. Uilkema, San Francisco, Cal., on the brief), for appellants.

John E. North, Omaha, Neb. (Michael A. Williams, Denver, Colo., and H. Robert Henderson, Omaha, Neb., on the brief), for appellees.

Before PHILLIPS, HILL and HOLLOWAY, United States Circuit Judges.


HILL, Circuit Judge.

This is an appeal from an order denying appellants relief from final judgment under the "newly discovered evidence" part of Rule 60(b) F.R.Civ.P., 28 U.S.C. The trial court denied the motion on three grounds: (1) that the motion was untimely; (2) that the judgment was merged in a compromise agreement which superseded the judgment; and (3) the due diligence requirement of Rule 60(b) was not met.

This is a patent infringement suit involving...

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