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ROBINSON v. WIX FILTRATION CORP. LLC

No. 09-1167.

599 F.3d 403 (2010)

Thomas ROBINSON, Plaintiff-Appellant, v. WIX FILTRATION CORPORATION LLC; Dana-Spicer, Incorporated, d/b/a Wix Filtration Products Division; Affinia Group, Incorporated, d/b/a Wix Filtration Products Division, Defendants-Appellees.

United States Court of Appeals, Fourth Circuit.

Decided: March 26, 2010.

Attorney(s) appearing for the Case

Charles A. Everage, Charlotte, North Carolina, for Appellant. Jeffrey D. Keister, McAngus, Goudelock & Courie, LLC, Charlotte, North Carolina, for Appellees.

Affirmed by published opinion. Judge DUNCAN wrote the majority opinion, in which Judge DAVIS joined. Judge DAVIS wrote a separate concurring opinion. Judge KING wrote a dissenting opinion.

OPINION

DUNCAN, Circuit Judge:

Thomas Robinson ("Appellant") appeals the denial of his post-judgment motions seeking relief from the district court's entry of summary judgment against him. Appellant had moved for relief from the judgment pursuant to Federal Rule of Civil Procedure 60(b), or, in the alternative, to alter or amend the judgment pursuant to Federal Rule of Civil Procedure 59(e). The district court construed Appellant's motion as one solely seeking...

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