CUTTING v. TOWN OF ALLENSTOWN

No. 91-1052.

936 F.2d 18 (1991)

Martha J. CUTTING, as Executrix of the Estate of Paul M. Cutting, and Martha J. Cutting, Plaintiffs, Appellees, v. TOWN OF ALLENSTOWN, Ronald Montplaisir, Jr., etc., and the Allenstown Police Department, Defendants, Appellants.

United States Court of Appeals, First Circuit.

Decided June 18, 1991.


Attorney(s) appearing for the Case

Glenn R. Milner with whom Cook & Molan, P.A. was on brief, Concord, N.H., for defendants, appellants.

Ronald L. Snow with whom Richard B. Couser, Charles A. Szypszak, Megan R. MacMullin, Orr and Reno, P.A. and Andrew P. McEvoy were on brief, Concord, N.H., for plaintiffs, appellees.

Before CAMPBELL, Circuit Judge, BOWNES, Senior Circuit Judge, and TORRUELLA, Circuit Judge.


CAMPBELL, Circuit Judge.

The Town of Allenstown, New Hampshire, (the Town) appeals from the district court's refusal to vacate its August 29, 1988 default judgment entered in favor of plaintiffs Martha Cutting and her late husband, Paul Cutting, in the United States District Court for the District of New Hampshire. The issue on appeal is whether the district court abused its discretion in applying Fed.R.Civ.P. 60(b)(6) when, after having entered a default judgment...

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