No. 86-3670.

831 F.2d 255 (1987)

C.L. TAYLOR, Plaintiff-Appellant, Cross-Appellee, v. TEXGAS CORPORATION, Defendant-Appellee, Cross-Appellant.

United States Court of Appeals, Eleventh Circuit.

November 3, 1987.

Attorney(s) appearing for the Case

Ben R. Patterson, Jerry G. Traynham, Patterson & Traynham, Tallahassee, Fla., for plaintiff-appellant, cross-appellee.

Julius F. Parker, Jr., Tallahassee, Fla., for defendant-appellee, cross-appellant.

Before TJOFLAT and KRAVITCH, Circuit Judges, and TUTTLE, Senior Circuit Judge.

KRAVITCH, Circuit Judge:

C.L. Taylor appeals from the district court's grant of appellee Texgas Corporation's Fed.R.Civ.P. 60(b) motion requesting that the court, on the basis of false testimony and newly discovered evidence, modify its earlier judgment. Because appellee has failed to prove fraud with clear and convincing evidence, and because it has not shown that it could not have produced the "newly discovered evidence" prior to the entry of judgment, we vacate...

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