OVERBEE v. VAN WATERS & ROGERS

No. 84-3324.

765 F.2d 578 (1985)

Issac OVERBEE, Jr.; Betty S. Overbee, Plaintiffs-Appellants, v. VAN WATERS & ROGERS; Univar, Inc., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided June 19, 1985.


Attorney(s) appearing for the Case

Bernard K. Bauer, argued, O'Brien & Bauer Co., L.P.A., Findlay, Ohio, for plaintiffs-appellants.

M. Donald Carmin, argued, Eastman and Smith, Toledo, Ohio, for defendants-appellees.

Before MERRITT, and MILBURN, Circuit Judges, and GILMORE, District Judge.


MILBURN, Circuit Judge.

In this second appeal to this court, plaintiffs present the question of whether relief from judgment pursuant to Federal Rule of Civil Procedure 60(b)(6) in a diversity action should be granted, where during the first appeal to this court, the Ohio Supreme Court settled a question of law adversely to the plaintiffs, but during the remand from this court on an unrelated issue, the state court reversed itself with the result that the federal...

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