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CARTER v. FENNER

No. 96-31006.

136 F.3d 1000 (1998)

Nicole Marie CARTER, as Administratrix of and the Estate of Vergil Braud; Jacqueline Esteen, individually and as tutrix of the minor child Tahara Braud; Christy Francis, Plaintiffs-Appellants, v. Kevin FENNER; Joel Tallant; City of New Orleans, Defendants-Appellants. Nicole Marie CARTER, Administratrix of and the Estate of Vergil Braud, Plaintiffs, v. Kevin FENNER, et al., Defendants, Kevin Fenner; Joel Tallant; City of New Orleans, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied April 22, 1998.

Attorney(s) appearing for the Case

Iris A. Tate, Sonje W. Wilkerson, Wilkerson, Tate & Williams, New Orleans, LA, for Plaintiff-Appellant.

Franz L. Zibilich, Lee, Martiny & Caracci, Metairie, LA, Avis Marie Russell, Annabelle H. Walker, New Orleans, LA, for Defendants-Appellees.

Before EMILIO M. GARZA, STEWART and DENNIS, Circuit Judges.

STEWART, Circuit Judge:

This appeal asks us to determine whether (1) a consent judgment entered into between plaintiff-appellant Nicole Marie Carter and defendant-appellee City of New Orleans was properly vacated by the district court pursuant to Federal Rule of Civil Procedure 60(b); (2) the district court should have set aside the jury verdict in the underlying wrongful death action and granted a judgment as a matter of...

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