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WILSON v. THOMPSON

No. 80-7242.

638 F.2d 801 (1981)

Janis M. WILSON and Gerard G. Richardson, in behalf of themselves and others similarly situated, Plaintiffs-Appellants, v. John R. THOMPSON, Individually and in his official capacity as solicitor of the State Court of DeKalb County, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing Denied April 27, 1981.

Attorney(s) appearing for the Case

Joseph H. King, Jr., Atlanta, Ga., for plaintiffs-appellants.

George P. Dillard, Decatur, Ga., for defendant-appellee.

Before GODBOLD, Chief Judge, and HATCHETT, Circuit Judge, and MARKEY, Chief Judge.

HATCHETT, Circuit Judge:

In this appeal, we must decide whether the district court abused its discretion in denying appellants' motion, brought under Federal Rule of Civil Procedure 60(b), for relief from its denial of an injunction. Since we conclude that the district court properly found that the newly discovered evidence underlying this motion was merely cumulative of previously considered evidence and showed no fraud by an adverse party, we affirm its denial of...

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