MURRAY v. FORD MOTOR CO.

No. 85-2048 Summary Calendar.

770 F.2d 461 (1985)

Luella MURRAY, Individually and as Surviving Spouse of James William Murray, and on Behalf of the Estate of James William Murray, Deceased, Plaintiffs-Appellants, v. FORD MOTOR COMPANY, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

September 9, 1985.


Attorney(s) appearing for the Case

James B. Ragan, Russell H. McMains, Corpus Christi, Tex., for plaintiffs-appellants.

M.W. Meredith, Jr., Corpus Christi, Tex., for defendant-appellee.

Before CLARK, Chief Judge, WILLIAMS and HIGGINBOTHAM, Circuit Judges.


PER CURIAM:

This case involves the issue of whether the district court properly set aside a default judgment under Fed.R.Civ.P. Rule 60(b)(6) when both parties had operated under the mistaken assumption for over a year that the default judgment had been set aside by a state court order. The contention of the appellant is that the judgment under the circumstances could be set aside only under Rule 60(b)(1) which carries a one year period of limitations.

A secondary...

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