ATKINSON v. PRUDENTIAL PROPERTY CO., INC.

No. 94-1738.

43 F.3d 367 (1994)

Robert C. ATKINSON, an individual; Robert C. Atkinson, Inc., a Minnesota Corporation, Plaintiffs-Appellants v. PRUDENTIAL PROPERTY COMPANY, INC., an Illinois Corporation; Defendant-Third Party-Plaintiff-Appellee GRAYBOW-DANIELS COMPANY, a Minnesota Corporation, Defendant-Appellee, v. WESTBURNE SUPPLY, INC., a Delaware Corporation; United Westburne, Inc., a Canadian Corporation, Third Party Defendants.

United States Court of Appeals, Eighth Circuit.

Decided December 20, 1994.


Attorney(s) appearing for the Case

Richard I. Diamond, Minneapolis, MN, argued, for appellant.

Eric Ingvaldson, Minneapolis, MN, argued (Robert Bennett appeared on the brief), for appellee Prudential.

Janel LaBoda, Minneapolis, MN, argued (Robert Share appeared on the brief), for appellee Graybow-Daniels.

Before BEAM, Circuit Judge, CAMPBELL, Senior Circuit Judge, and MORRIS S. ARNOLD, Circuit Judge.


LEVIN H. CAMPBELL, Senior Circuit Judge.

Plaintiff Robert Atkinson appeals from the district court's order denying his motion to vacate judgment under Fed.R.Civ.P. 60(b). In a prior proceeding, the district court entered summary judgment against Atkinson. Atkinson did not appeal. Nearly one year later, Atkinson moved to vacate that judgment on the basis of newly-discovered evidence and on the basis of alleged misconduct by defendants during discovery. The district...

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