MALLORY v. EYRICH

No. 90-3558.

922 F.2d 1273 (1991)

William MALLORY; Arthur Primus; Vera Johnson; Charles Collins, II; Mary Ann Randolph, Plaintiffs-Appellants, v. George C. EYRICH, John H. Hermanies, John A. Wiethe, and Don Driehaus, County Defendants-Appellees, Richard Celeste, Governor, et al., State Defendants, Hamilton County Municipal Court Judges, et al., Intervening Defendants.

United States Court of Appeals, Sixth Circuit.

Decided January 10, 1991.


Attorney(s) appearing for the Case

Theodore M. Berry, Tobias & Kraus, Peter J. Randolph, Cincinnati, Ohio, Thomas I. Atkins (argued), Brooklyn, N.Y., James L. Hardiman, Hardiman, Alexander, Buchanan & Howland, Cleveland, Ohio, Margrett Ford, Brooklyn, N.Y., for plaintiffs-appellants.

James W. Harper, Asst. Pros. Atty. (argued), Pros. Atty.'s Office for County of Hamilton, Cincinnati, Ohio, for County defendants-appellees.

Andrew I. Sutter, Asst. Atty. Gen., Office of the Atty. Gen. of Ohio, Columbus, Ohio, for State defendants.

Carl J. Stich, Jr., Dinsmore & Shohl, Cincinnati, Ohio, for intervening defendants.

Before WELLFORD, Circuit Judge, LIVELY, Senior Circuit Judge, and McRAE, Senior District Judge.


LIVELY, Senior Circuit Judge.

This appeal seeks reversal of a district court order, entered pursuant to Fed.R.Civ.P. 60(b)(6), which set aside a judgment previously entered in the case pursuant to Fed.R.Civ.P. 68. We agree with the plaintiffs that the district court erred, and we reverse.

I.

A.

The underlying action was filed in the district court in 1986 by a group of black residents of Hamilton County, Ohio, challenging the at-large,...

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