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HENSLEY v. CHESAPEAKE & O. RY. CO.

Nos. 80-1457, 80-1458.

651 F.2d 226 (1981)

Robert M. HENSLEY, Appellant, v. The CHESAPEAKE & OHIO RAILWAY COMPANY, a Corporation, Appellee. Robert M. HENSLEY, Appellee, v. The CHESAPEAKE & OHIO RAILWAY COMPANY, a Corporation, Appellant.

United States Court of Appeals, Fourth Circuit.

Decided June 8, 1981.

Attorney(s) appearing for the Case

Fred Adkins, Barbara Lee Ayres, Huntington, W. Va. (Huddleston, Bolen, Beatty, Porter & Copen, Huntington, W. Va., on brief), for appellant.

Raymond H. Strople, Willard J. Moody, Portsmouth, Va. (Moody, McMurran & Miller, Ltd., Portsmouth, Va., on brief), for appellee.

Before PHILLIPS, SPROUSE and ERVIN, Circuit Judges.

JAMES DICKSON PHILLIPS, Circuit Judge:

In this case, 86 F.R.D. 555, the district court was confronted with the dilemma of a litigant who did not receive notice of the court's original order until well after the time for giving notice of appeal had expired. Sympathetic to the plight of the litigant, the district court granted plaintiff Hensley's motion under Fed.R.Civ.P. 60(b)(6) for relief from its original order and then reentered that order so that Hensley might...

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