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HARRIS v. MARTIN

No. 86-5869.

834 F.2d 361 (1987)

HARRIS, Roy, Appellant, v. MARTIN, Robert L., Supt., Allenwood F.P.C. HARRIS, Roy, Appellant, v. UNITED STATES PAROLE COMMISSION.

United States Court of Appeals, Third Circuit.

Decided November 30, 1987.

Rehearing Denied February 22, 1988.

Attorney(s) appearing for the Case

Cheryl J. Sturm (argued), Wayne, Pa., for appellant.

James J. West, U.S. Atty., Barbara L. Kosik, Asst. U.S. Atty., Henry J. Sadowski (argued), Scranton, Pa., for appellee.

Before SLOVITER, STAPLETON, and HUNTER, Circuit Judges.

STAPLETON, Circuit Judge.

This case presents the question of whether the "prior judgment" clause of Fed.R.Civ.P. 60(b)(5)1 entitles a government agency to relief from a final and unappealed adverse judgment where the opinion supporting that judgment relies upon the holding in another case that the agency subsequently succeeds in overturning. The district court held that the agency was entitled to relief. We will reverse.

I.

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