BUD BROOKS TRUCKING v. BILL HODGES TRUCKING

No. 87-1687.

909 F.2d 1437 (1990)

BUD BROOKS TRUCKING, INC., an Oklahoma corporation; Kenny Stevens, doing business as Stevens Trucking, Slim's Forklift and Trucking Company; Gold Transit Systems, Inc., an Oklahoma corporation; Sooner Trucking Service, Inc., an Oklahoma corporation; Jim Rains, doing business as Rains Trucking Service; Johnny Lawrence, doing business as Johnny Lawrence Company; Plaintiffs-Appellants, v. BILL HODGES TRUCKING COMPANY, INC., an Oklahoma corporation; Turner Brothers Trucking Company, an Oklahoma corporation; Bill Jackson Rig Company, an Oklahoma corporation; Jim Marrs Trucking Co., Inc., a successor to Jim Marrs & Son Trucking Company, Inc.; Garrett Brothers, Inc., an Oklahoma corporation; Jernigan Brothers, Inc., an Oklahoma corporation; Louis Bodnar, an individual, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

July 26, 1990.


Attorney(s) appearing for the Case

James A. Ikard of Angel, Ikard, and Nash, Oklahoma City, Okl., for plaintiffs-appellants.

Wilburn L. Williamson of Dykeman, Williamson, and Williamson, Oklahoma City, Okl., for defendants-appellees, Bill Hodges Trucking Co., Inc. and Garrett Bros., Inc.

Burck Bailey and Eric S. Eissenstat of Fellers, Snider, Blankenship, Bailey & Tippens, Oklahoma City, Okl., for defendant-appellee, Turner Bros. Trucking Co.

Before ANDERSON and TACHA, Circuit Judges, and ROGERS, District Judge.


STEPHEN H. ANDERSON, Circuit Judge.

This appeal is taken from a district court order denying plaintiffs' motion to vacate the court's earlier dismissal of their action. Fed.R.Civ.P. 60(b). Initially, plaintiffs filed an untimely notice of appeal from the district court's order and the appeal was dismissed for lack of jurisdiction. After their unsuccessful attempt to appeal, plaintiffs filed their Rule 60(b) motion in the district court. Limiting our review to the...

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