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KIRKSEY v. CITY OF JACKSON

No. 82-4559 Summary Calendar.

714 F.2d 42 (1983)

Henry J. KIRKSEY, et al., Plaintiffs-Appellants, v. CITY OF JACKSON, Mississippi, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 9, 1983.

Attorney(s) appearing for the Case

Lawyers' Committee for Civil Rights Under Law, Frank R. Parker, Washington, D.C., Patricia M. Hanrahan, Jackson, Miss., for plaintiffs-appellants.

Thomas G. Lilly, Richard D. Gamblin, Wise, Carter, Child & Caraway, Jackson, Miss., for defendants-appellees.

Before RUBIN, JOHNSON and WILLIAMS, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The plaintiffs seek to reopen a case, previously disposed of by a final judgment of dismissal, by a motion invoking the rule that permits a party to be relieved from "a final judgment, order, or proceeding" if "it is no longer equitable that the judgment should have prospective application." Fed.R.Civ.P. 60(b)(5). Because the judgment of dismissal is not prospective in effect, we affirm the judgment...

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