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WERNER v. CARBO

No. 81-1889.

731 F.2d 204 (1984)

Jack WERNER, Appellee, v. Ralph J. CARBO, Jr., M.D. and Ralph J. Carbo, Jr., M.D., P.A., a body corporate of Maryland, Appellant, and Upjohn Company, Inc., a body corporate of the State of Delaware, Appellee.

United States Court of Appeals, Fourth Circuit.

Decided April 4, 1984.

Rehearing and Rehearing Denied May 16, 1984.

Attorney(s) appearing for the Case

Roy L. Mason, Rockville, Md. (William A. Ehrmantraut, Donahue, Ehrmantraut & Montedonico, Chartered, Rockville, Md., on brief), for appellant.

Jon H. Grube, Baltimore, Md. (M. King Hill, Jr., Patti G. Zimmerman, Smith, Somerville & Case, Baltimore, Md., on brief), for appellee Upjohn Company, Inc.

Stuart M. Salsbury, Baltimore, Md. (Max R. Israelson, Israelson & Jackson, Baltimore, Md., on brief), for appellee Jack Werner.

Before RUSSELL and WIDENER, Circuit Judges, and HAYNSWORTH, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied May 16, 1984.

WIDENER, Circuit Judge:

Ralph J. Carbo, Jr., M.D., P.A., a Maryland professional corporation, appeals a district court order denying it relief from judgment under Fed.R.Civ.P. 60(b). We hold that the professional corporation was entitled to relief from judgment and accordingly reverse the order of the district court.

This is a sequel to Werner v. Upjohn...

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