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CLEVELAND DEMOLITION CO., INC. v. AZCON SCRAP CORP.

Nos. 86-1141(L), 86-1266.

827 F.2d 984 (1987)

CLEVELAND DEMOLITION COMPANY, INC., Plaintiff-Appellant, v. AZCON SCRAP CORPORATION, a DIVISION OF GOLD FIELDS AMERICAN INDUSTRIES, INC., Defendant-Appellee, and Richard Spine; Lawrence A. Demase, Defendant (Two Cases).

United States Court of Appeals, Fourth Circuit.

Decided September 4, 1987.

Attorney(s) appearing for the Case

Amy S. Berman, Washington, D.C., (Leonard W. Yelsky; Angelo F. Lonardo; Yelsky & Lonardo Co., L.P.A., Cleveland, Ohio, on brief), for plaintiff-appellant.

David G. Fiske (John P. Corrado; Peter A. Kraus; Thomas & Fiske, P.C., Alexandria, Va., on brief), Joel Jay Sprayregen (Clifford E. Yuknis; Shefsky, Saitlin & Froelich, Ltd., Chicago, Ill., on brief), for defendant-appellee.

Before HALL, SPROUSE and WILKINSON, Circuit Judges.

WILKINSON, Circuit Judge:

In this independent action in equity under Fed.R.Civ.P. 60(b), Cleveland Demolition seeks to set aside an earlier jury verdict for Azcon Scrap on the basis that Azcon's trial attorney conspired with a witness to present perjured testimony. The only evidence of this alleged conspiracy, however, is an evidentiary conflict between the witness's testimony and statements made by a different party in a...

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