DELAY v. GORDON

No. 05-36108.

475 F.3d 1039 (2007)

William H. DELAY, Plaintiff-Appellant, v. Mel GORDON, Chairman; Pacific Northwest River Basins Commission, an interstate commission, Defendants-Appellees, United States of America, Real Party in Interest.

United States Court of Appeals, Ninth Circuit.

Filed January 11, 2007.


Attorney(s) appearing for the Case

J. William Bennett, Cannon Beach, OR, for plaintiff-appellant William H. Delay and Delay Beneficiaries.

Isaac J. Lidsky, Attorney, Appellate Staff, Office of the Attorney General, Washington, D.C., for defendants-appellees Mel Gordon, Chairman, and Pacific Northwest River Basins Commission, and for the United States.

Before SILVERMAN and GOULD, Circuit Judges, and JOHN S. RHOADES, District Judge.


GOULD, Circuit Judge.

The beneficiaries of Plaintiff-Appellant William Delay's estate1 appeal an order from the district court denying modification under Federal Rule of Civil Procedure 60(b)(6) of a January 8, 1985 judgment on a breach of employment contract claim against the now-abolished Pacific Northwest River Basins Commission ("the Commission"). Appellants asserted that, under a change in the decisional law, the United States was...

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