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KEM MFG. CORP. v. WILDER

No. 86-7248.

817 F.2d 1517 (1987)

KEM MANUFACTURING CORPORATION, Plaintiff-Appellee, v. Ray J. WILDER, and RJW, Incorporated, Defendants-Appellees, Harold J. Gaines, Non-Party Movant-Appellant.

United States Court of Appeals, Eleventh Circuit.

June 1, 1987.

Attorney(s) appearing for the Case

Clyde E. Riley, Rutledge & Kelly, P.C., Birmingham, Ala., Andrew P. Kirschner, Bedford, Kirschner & Venker, P.C., Atlanta, Ga., for nonparty-movant-appellant.

F. Clay Bush, Goodman & Bush, P.C., Atlanta, Ga., William J. Trussell, Church, Trussell & Robinson, P.C., Pell City, Ala., for Kem Mfg.

Before HILL and JOHNSON, Circuit Judges, and ESCHBACH, Senior Circuit Judge.

ESCHBACH, Senior Circuit Judge:

This case presents an appeal from a district court's denial of a motion made pursuant to Federal Rule of Civil Procedure 60(b) by a nonparty, Harold J. Gaines.1 Gaines alleges that the parties to this action committed fraud, both against him and on the district court, and that he must be granted standing under Rule 60(b) to argue these contentions to the district court. We reject his assertion that he has...

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