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WENDT v. LEONARD

No. 04-1265.

431 F.3d 410 (2005)

Peter M. WENDT, Plaintiff-Appellant, v. Darlene LEONARD, individually; Ralph Thomas, Jr., individually; Roy Gittings, individually; John Does, individually; Seatow Services of Carteret County, Incorporated; Jarrett Bay Boat Works, Incorporated, Defendants-Appellees. Georgetown University Law Center, Amicus Supporting Appellant.

United States Court of Appeals, Fourth Circuit.

Decided: December 12, 2005.

Attorney(s) appearing for the Case

ARGUED: David Joseph Arkush, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Amicus Supporting Appellant.

Janet Marie Lyles, Davis, Murrelle & Lyles, P.A., Beaufort, North Carolina, for Appellees.

ON BRIEF: Peter Wendt, Beaufort, North Carolina, Appellant Pro Se. Steven H. Goldblatt, Director, Elizabeth B. Wydra, Supervising Attorney, Leah S. Schmelzer, Student, Robert T. Smith, Student, Georgetown University Law Center, Appellate Litigation Program, Washington, D.C., for Amicus Supporting Appellant.

Before TRAXLER and GREGORY, Circuit Judges, and R. BRYAN HARWELL, United States District Judge for the District of South Carolina, sitting by designation.

Affirmed by published opinion. Judge TRAXLER wrote the opinion, in which Judge GREGORY and Judge HARWELL joined.

OPINION

TRAXLER, Circuit Judge:

Peter M. Wendt appeals the district court's denial of his motion under Rule 60(b)(4) of the Federal Rules of Civil Procedure to vacate an order awarding attorney fees. Wendt argues that, because the district court dismissed the underlying action for lack of subject matter jurisdiction, the order awarding...

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