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FAYETTEVILLE INVESTORS v. COMMERCIAL BUILDERS

No. 90-2449.

936 F.2d 1462 (1991)

FAYETTEVILLE INVESTORS, Plaintiff-Appellant, v. COMMERCIAL BUILDERS, INCORPORATED; American Casualty Company of Reading, Pennsylvania, Inc., Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided June 28, 1991.

As Amended July 11, 1991.

Attorney(s) appearing for the Case

Marland Cornelius Reid, Reid, Lewis, Deese & Nance, Fayetteville, N.C., for plaintiff-appellant.

Margaret Cain Lumsden, Hunton & Williams, Raleigh, N.C., argued (Julius A. Rousseau, III, Hunton & Williams, Raleigh, N.C., Deborah L. Fletcher, Laura H. Hamilton, Hunton & Williams, Richmond, Va., on brief), for defendants-appellees.

Before WIDENER, Circuit Judge, CHAPMAN, Senior Circuit Judge, and HOFFMAN, Senior United States District Judge for the Eastern District of Virginia, sitting by designation.

WALTER E. HOFFMAN, Senior District Judge:

This action calls for consideration of the interplay of Rules 12(b)(6), 54, 56, 59 and 60 of the Federal Rules of Civil Procedure, and particularly the differing standards applied to motions under Rules 12(b)(6), 59 and 60. Appellant seeks review of the denial of a motion for reconsideration following the dismissal of its complaint for failure to state a claim. The complaint was dismissed when it was held to indicate that...

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