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BUCKEYE CELLULOSE CORP. v. BRAGGS ELEC. CONST. CO.

No. 77-1555.

569 F.2d 1036 (1978)

The BUCKEYE CELLULOSE CORPORATION, Appellant, v. BRAGGS ELECTRIC CONSTRUCTION CO., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided January 25, 1978.

Attorney(s) appearing for the Case

James D. Storey (filed appendix) of Wright, Lindsey & Jennings, Little Rock, Ark., on brief for appellant.

Barber, McCaskill, Amsler & Jones, Little Rock, Ark., on brief for appellee; John S. Cherry, Jr., Little Rock, Ark., appeared.

Before ROSS, STEPHENSON and WEBSTER, Circuit Judges.

PER CURIAM.

This is an appeal from the district court's1 order filed June 6, 1977, denying The Buckeye Cellulose Corporation's (Buckeye) uncontested motion under Fed.R.Civ.P. 60(b)(6) to vacate and reenter a judgment so as to permit an appeal on the merits. We reverse and remand.

The facts are not in dispute. Buckeye's complaint in this diversity action sought a declaratory judgment that Braggs Electric Construction Company (Braggs...

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