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U.S. v. STEARNS CO.

No. 91-5334.

949 F.2d 223 (1991)

UNITED STATES of America, Plaintiff-Appellee, Frederic J. Cowan, Attorney General of the Commonwealth of Kentucky, Intervening Plaintiff-Appellee, v. The STEARNS COMPANY, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided November 18, 1991.

Rehearing and Rehearing Denied January 29, 1992.

Attorney(s) appearing for the Case

Louis DeFalaise, U.S. Atty., Jane E. Graham, Asst. U.S. Atty. (argued and briefed), Lexington, Ky., for plaintiff-appellee.

Frederic J. Cowan, Atty. Gen., Robert V. Bullock, Asst. Atty. Gen., Frankfort, Ky., E. Douglas Richards (briefed), Lexington, Ky., for intervenor-appellee.

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

Before KENNEDY and NELSON, Circuit Judges, and BROWN, Senior Circuit Judge.

Rehearing and Rehearing En Banc Denied January 29, 1992.

KENNEDY, Circuit Judge.

The Stearns Company ("Stearns") appeals the District Court's denial of relief under Federal Rule of Civil Procedure 60(b). Stearns sought reconsideration of the District Court's earlier finding that Stearns did not possess the right to remove minerals by strip mining from a parcel of land it deeded to the United States in 1937. Specifically, Stearns asked the District Court to...

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