ROBINSON v. AUDI AKTIENGESELLSCHAFT

No. 92-5238.

56 F.3d 1259 (1995)

Harry ROBINSON and Kay Robinson; Eva May McCarthy; and George Samuel Robinson, Plaintiffs-Appellants, v. AUDI AKTIENGESELLSCHAFT, f/k/a Audi NSU Auto Union Aktiengesellschaft, a foreign corporation; Volkswagen of America, Inc., Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

May 30, 1995.


Attorney(s) appearing for the Case

Winton D. Woods, Tucson, AZ (Ronald D. Mercaldo and Lucile D. Sherman of the Law Offices of Ronald D. Mercaldo, Ltd., Tucson, AZ., Thomas Elke, Palo Alto, CA, and Maynard I. Ungerman, Ungerman & Iola, Tulsa, OK, with him on the briefs), for plaintiffs-appellants.

Richard M. Eldridge, Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, OK (John H. Tucker, Rhodes, Hieronymus, Jones, Tucker & Gable, Tulsa, OK, and Herbert Rubin and Daniel V. Gsovski, Herzfeld & Rubin, P.C., New York City, with him on the brief), for defendants-appellees.

Before EBEL and KELLY, Circuit Judges, and BROWN, District Judge.


WESLEY E. BROWN, Senior District Judge.

This is an appeal from an order denying plaintiff's request to set aside a judgment. The judgment in question resulted from a jury verdict in defendants' favor on plaintiffs' product liability claims. After that judgment was affirmed on appeal, plaintiffs filed a complaint in the district court alleging that the defendants had obtained the judgment by means of a fraud upon the court. Pursuant to Fed.R.Civ.P. 60(b), the district...

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