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HUTCHINSON v. SOUTH CENTRAL BELL

No. 86-4674 Summary Calendar.

815 F.2d 1058 (1987)

Simon HUTCHINSON, Plaintiff-Appellant, v. SOUTH CENTRAL BELL TELEPHONE COMPANY, Defendant-Appellee, and Liberty Mutual Insurance Co., Intervenor-Appellee.

United States Court of Appeals, Fifth Circuit.

May 5, 1987.

Attorney(s) appearing for the Case

Roland C. Lewis, D. Elizabeth Featherston, Jackson, Miss., for plaintiff-appellant.

J. Carter Thompson, Jr., W. Scott Welch, III, Charles L. Howorth, Jr., Butler, Snow, O'Mara, Stevens & Cannada, Jackson, Miss., for defendant-appellee.

Suzanne N. Saunders, Jackson, Miss., for Liberty Mut. Ins. Co.

Before RUBIN, RANDALL, and HIGGINBOTHAM, Circuit Judges.

ALVIN B. RUBIN, Circuit Judge:

The only truly debatable issue in this appeal is whether the district court erred in failing to grant a motion based on Fed.R.Civ.P. 60(b) to set aside a summary judgment so that newly engaged counsel could present a new theory of liability as well as facts to support that theory. Following our consistent jurisprudence, which requires substantial deference to the district court's decision denying a Rule 60(b) motion to reopen a case...

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