KERWIT MED. PRODUCTS v. N. & H. INSTRUMENTS

No. 78-3830 Summary Calendar.

616 F.2d 833 (1980)

KERWIT MEDICAL PRODUCTS, INC., Plaintiff-Appellee, v. N. & H. INSTRUMENTS, INC. (Humanetics, Inc.), Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

May 8, 1980.


Attorney(s) appearing for the Case

Morton Amster, Roy H. Wepner, New York City, Allen Butler, Dallas, Tex., for defendant-appellant.

Locke, Purnell, Boren, Laney & Neely, John H. McElhaney, Dallas, Tex., for plaintiff-appellee.

Before GEE, RUBIN and POLITZ, Circuit Judges.


POLITZ, Circuit Judge:

This appeal involves a motion of Humanetics, Inc., filed under Fed.R.Civ.P. 60(b), seeking to vacate a consent judgment entered in 1971. The district court denied the motion. The appellee, Kerwit Medical Products, Inc., argues that the denial of the Rule 60(b) motion is not yet appealable. We reject that argument but agree with Kerwit that the district court was correct in denying the motion.

In 1970, Kerwit Medical Products, Inc., sued...

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