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MIF REALTY L.P. v. ROCHESTER ASSOCIATES

Nos. 95-2765, 95-2864.

92 F.3d 752 (1996)

MIF REALTY L. P., substituted as plaintiff for plaintiff RTC; a Delaware limited partnership, Appellant/Cross-Appellee, v. ROCHESTER ASSOCIATES, a New York general partnership; David Glaser; Jeri Glaser; Steven Glaser; Susan Glaser; Edward Lapidus; Kathryn Lapidus; Paul Lapidus; Lori Lapidus; Maynard Koenigsberg; Elaine Koenigsberg; Craig Koenigsberg; Andre Hercz; and Victoria Hercz, Appellees/Cross-Appellants.

United States Court of Appeals, Eighth Circuit.

Decided August 16, 1996.

Attorney(s) appearing for the Case

Glen A. Van Cleve, Bloomington, argued (Sharna A. Wahlgreen, on the brief), for appellants.

Daniel J. Biersdorf, Minneapolis, argued (E. Kelly Keady, on the brief), for appellee.

Before HANSEN, LAY, and JOHN R. GIBSON, Circuit Judges.

HANSEN, Circuit Judge.

Following settlement negotiations between the parties and upon representation that a settlement had been reached, the district court dismissed this foreclosure action with prejudice. Due to difficulties in reducing the settlement agreement to writing, MIF Realty L.P. (MIF) sought to set aside the dismissal. See Fed.R.Civ.P. 60(b). The district court denied MIF's Rule 60(b) motion. MIF appeals, and Rochester Associates cross appeals. We...

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