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U.S. v. BUCK

No. 01-7015.

281 F.3d 1336 (2002)

UNITED STATES of America, Plaintiff-Appellee, v. Daniel S. BUCK and Ripley Berryhill, Defendants-Appellants.

United States Court of Appeals, Tenth Circuit.

March 8, 2002.

Attorney(s) appearing for the Case

Marcella Burgess Giles, McLean, Virginia (Ernest C. Baynard, III, Washington, D.C., with her on the briefs), for Defendants-Appellants.

Ellen J. Durkee, Attorney, Appellate Section, Environment & Natural Resources Division, Department of Justice, Washington, D.C. (Sheldon J. Sperling, United States Attorney; Linda A. Epperley, Assistant United States Attorney, Muskogee, OK; John C. Cruden, Assistant Attorney General; Jeffrey Dobbins, Attorney, Appellate Section, Environment & Natural Resources Division, Department of Justice, Washington, D.C., with her on the brief), for Plaintiff-Appellee.

Before TACHA, Chief Judge, KELLY and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

More than four years after entry of a quiet title judgment in favor of the United States, Defendant Ripley Berryhill (Berryhill), joined by 26 others (the Non-party Movants), sought relief under Federal Rule of Civil Procedure 60(b). They contended that the judgment should be set aside (1) under Rule 60(b)(6) because it was obtained by fraud upon the court and (2) under Rule 60(b)(4) because it is void. The district court denied the motion. Berryhill...

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