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FOBIAN v. STORAGE TECHNOLOGY CORP.

Nos. 97-1477, 97-1822, 98-1848 and 98-1849.

164 F.3d 887 (1999)

Frank R. FOBIAN, Plaintiff-Appellant, v. STORAGE TECHNOLOGY CORPORATION, Defendant-Appellee. Ralph D. Green, Plaintiff-Appellant, v. Storage Technology Corporation, Defendant-Appellee. Frank R. Fobian; Ralph D. Green, Plaintiffs-Appellants, v. Storage Technology Corporation, Defendant-Appellee. Frank R. Fobian; Ralph D. Green, Plaintiffs-Appellants, v. Storage Technology Corporation, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided January 13, 1999.

Attorney(s) appearing for the Case

ARGUED: Thomas Hunt Roberts, Thomas H. Roberts & Associates, P.C., Richmond, Virginia, for Appellant. ON BRIEF: Thamer Eugene Temple, III, McSweeney, Burtch & Crump, P.C., Richmond, Virginia, for Appellee. Jack W. Burtch, Jr., McSweeney, Burtch & Crump, P.C., Richmond, Virginia, for Appellee.

Before MICHAEL and MOTZ, Circuit Judges, and STAMP, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.

Vacated and remanded by published opinion. Judge MOTZ wrote the opinion, in which Judge MICHAEL and Chief Judge STAMP joined.

OPINION

DIANA GRIBBON MOTZ, Circuit Judge:

The question presented here is how a district court is to treat a Rule 60(b) motion to vacate a judgment when an appeal from that judgment is pending in this court. The district court in this case determined that it lacked jurisdiction to...

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