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U.S. v. STEARNS CO.

No. 88-5709.

873 F.2d 134 (1989)

UNITED STATES of America, Plaintiff-Appellee, v. The STEARNS COMPANY (formerly known as Stearns Coal and Lumber Company), Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided April 28, 1989.

Attorney(s) appearing for the Case

Jane E. Graham, Asst. U.S. Atty. (argued), Office of the U.S. Atty., Lexington, Ky., for the U.S., plaintiff-appellee.

Winfrey P. Blackburn, Stites & Harbison, Bruce F. Clark (argued), John A. Bartlett, and Stites & Harbison, Frankfort, Ky., for Stearns Coal and Lumber Co., defendant-appellant.

Before KRUPANSKY and NELSON, Circuit Judges, and PECK, Senior Circuit Judge.

KRUPANSKY, Circuit Judge.

The Stearns Company, formerly known as Stearns Coal and Lumber Company (Stearns), defendant-appellant, has appealed from the denial of its motion for relief of judgment, pursuant to Rule 60 of the Federal Rules of Civil Procedure, by the United States District Court for the Eastern District of Kentucky, wherein the appellant had asserted that, by virtue of a recent decision of the Supreme Court of Kentucky in Akers v. Baldwin,

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