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E.F. HUTTON & CO., INC. v. BERNS

No. 84-1835.

757 F.2d 215 (1985)

E.F. HUTTON & COMPANY, INC., Appellee, v. Melford BERNS and Lenny Garcia, Appellants. Gerald J. AUL, Fred Rubin, and Norton Paul Balder a/k/a Norton Paul Balber v. Bruce O'DELL.

United States Court of Appeals, Eighth Circuit.

Decided March 20, 1985.

Rehearing Denied May 9, 1985.

Attorney(s) appearing for the Case

Irl B. Baris, St. Louis, Mo., for appellants.

John C. Garavaglis, St. Louis, Mo., for appellee.

Before LAY, Chief Judge, and John R. GIBSON and FAGG, Circuit Judges.

FAGG, Circuit Judge.

Melford Berns and Lenny Garcia appeal from a magistrate's denial of their motion for relief from final judgment. See Fed.R.Civ.P. 60(b)(3). Berns and Garcia contend that: (1) certain statements made by E.F. Hutton witnesses and attorneys during the course of trial were false and intentionally misleading and, as a result, they were prevented from fully and fairly presenting their case; (2) the magistrate committed error in refusing to permit...

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