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BAXTER INTERNATIONAL, INC. v. MORRIS

No. 92-3542.

11 F.3d 90 (1993)

BAXTER INTERNATIONAL, INC.; Baxter Healthcare Corp.; Baxter Diagnostics, Inc., Appellants, v. Roger J. MORRIS, Dr., Appellee.

United States Court of Appeals, Eighth Circuit.

Decided November 29, 1993.

Attorney(s) appearing for the Case

David J. Parsons, Chicago, IL, argued for appellants.

Curtis C. Calloway, St. Louis, MO, argued, for appellee.

Before BOWMAN, Circuit Judge, HEANEY, Senior Circuit Judge, and BEAM, Circuit Judge.

BEAM, Circuit Judge.

Baxter International, Inc., Baxter Healthcare Corp., and Baxter Diagnostics, Inc. (collectively "Baxter") appeal from the district court's denial of a Federal Rule of Civil Procedure 60(b) motion for relief from judgment based on newly discovered evidence. The district court1 held that Baxter did not exercise sufficient diligence in discovery before trial to warrant relief from the judgment and that Baxter failed to...

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