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LEPKOWSKI v. UNITED STATES DEPT. OF TREASURY

No. 85-5867.

804 F.2d 1310 (1986)

Robert LEPKOWSKI, Appellant, v. UNITED STATES DEPARTMENT of the TREASURY, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 1986.

Attorney(s) appearing for the Case

Mitchell Eskenazi, Arlington, Va., a member of the Bar of the Second Division First Appellate Section of New York, pro hac vice by special leave of Court for appellant.

Jack B. Solerwitz, Mineola, N.Y., was on the brief for appellant.

Janet A. Bradley, Atty., Dept. of Justice, Roger M. Olsen, Acting Asst. Atty. Gen., Michael L. Paup and Robert S. Pomerance, Attys., Dept. of Justice, Washington, D.C., were on the brief for appellees.

Joseph E. diGenova, U.S. Atty., Washington, D.C., also entered an appearance for appellees.

Before ROBINSON and STARR, Circuit Judges, and McGOWAN, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge STARR.

Opinion concurring in the judgment filed by Circuit Judge ROBINSON.

STARR, Circuit Judge:

This is an appeal from the District Court's denial of a motion for reconsideration sought under Rule 60(b)(1) of the Federal Rules of Civil Procedure. The underlying action had been dismissed for protracted failure to file an opposition to a motion to dismiss filed by the Department of Treasury. Attorneys for...

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