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CENTRAL VERMONT PUBLIC SERVICE CORP. v. HERBERT

Docket No. 02-5060.

341 F.3d 186 (2003)

CENTRAL VERMONT PUBLIC SERVICE CORPORATION, Defendant-Appellant, v. Harold HERBERT and Edith Herbert, Plaintiffs-Appellees.

United States Court of Appeals, Second Circuit.

Decided August 21, 2003.

Attorney(s) appearing for the Case

JAMES B. ANDERSON, Ryan, Smith & Carbine, Ltd., Rutland, VT, for Appellant.

MARY P. KEHOE, Lisman, Webster, Kirkpatrick & Leckerling, P.C., Burlington, VT, for Appellee.

Before: WALKER, Chief Judge, STRAUB and POOLER, Circuit Judges.

JOHN M. WALKER, JR., Chief Judge.

Defendant-appellant Central Vermont Public Service Corp. ("CVPS") appeals from the district court's order denying its Fed.R.Civ.P. 60(b)(4) motion. In that motion, CVPS sought relief from a bankruptcy court order permanently enjoining it from pursuing civil claims against the appellees Harold and Edith Herbert ("the Herberts"). After waiting more than four years to challenge the bankruptcy court injunction, CVPS contended that the...

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