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TOLIVER v. COUNTY OF SULLIVAN

No. 579, Docket 91-7785.

957 F.2d 47 (1992)

Tommie L. TOLIVER, Plaintiff-Appellant, v. COUNTY OF SULLIVAN; Richard L. Green; Lloyd T. Shimer; Leon Siegal and Brian Ingber, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided February 13, 1992.

Attorney(s) appearing for the Case

Tommie L. Toliver, pro se.

Vincent R. Fontana, New York City (Wilson, Elser, Moskowitz, Edelman & Dicker, of counsel), for defendants-appellees.

Before KAUFMAN, PRATT and MINER, Circuit Judges.

PER CURIAM:

Tommie Toliver, appellant pro se, appeals from an order of the United States District Court for the Southern District of New York, Thomas P. Griesa, Judge, granting the defendants' rule 60(b) motion to reopen the judgment and assessing $11,825 in attorney's fees against Toliver. The district court lacked jurisdiction to grant the motion, because Toliver already had filed his notice of appeal to this court. We therefore reverse.

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