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SMITH v. BOUNDS

No. 86-7579.

841 F.2d 77 (1988)

Robert (Bobby) SMITH; Ronald D. Carnes; Bradford Mizell Lilley; Donald W. Morgan; Franklin D. Strader; John H. Russell; John Harrington; Alonzo Watts; Clifton Speight; William Ryder; Ronney McBride; Ray Forbes, Plaintiffs-Appellees, v. Vernon Lee BOUNDS, Commissioner, State Department of Corrections; Stanley Blackledge, Warden, Central State Prison; R.L. Turner, Superintendent of Odom Correctional Institution of the North Carolina Department of Corrections; James Holshouser, Governor, State of North Carolina; F.R. Moore, Sergeant, Central Prison; Franklin Mahan, Regional Superintendent; M.S. Lee, Captain, Washington County Unit 3560, Defendants-Appellants.

United States Court of Appeals, Fourth Circuit.

Decided March 3, 1988.

Attorney(s) appearing for the Case

Andrew Albert Vanore, Jr., Chief Deputy Atty. Gen. (Lacy H. Thornburg, Atty. Gen., Sylvia Thibaut, Asst. Atty. Gen., North Carolina Dept. of Justice, Raleigh, N.C., on brief), for defendants-appellants.

Barry Nakell, Chapel Hill, N.C., University of North Carolina School of Law, for plaintiffs-appellees.

Before WINTER, Chief Judge, RUSSELL, WIDENER, HALL, PHILLIPS, MURNAGHAN, SPROUSE, ERVIN, CHAPMAN, WILKINSON and WILKINS, Circuit Judges, and BUTZNER, Senior Circuit Judge, sitting in banc.

PER CURIAM.

We reheard this case in banc, and we affirm the judgment of the district court on the facts and for the reasons set forth in the panel opinion, Smith v. Bounds, 813 F.2d 1299 (4 Cir.1987), as supplemented by the additional comments which follow.

Defendants contend that they presented a case of excusable neglect under Rule 60(b), F.R.Civ.P., justifying relief from the May 14, 1985 order, decreeing that the...

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