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· 2/12/2007

Gencorp, Inc. v. Olin Corporation

Citations

  • 477 F.3d 368
  • 67 Fed. R. Serv. 3d 539
  • 37 Envtl. L. Rep. (Envtl. Law Inst.) 20042
  • 64 ERC (BNA) 1001
  • 2007 U.S. App. LEXIS 3102
  • 2007 WL 437914

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[A] Rule 60(b)(6) motion is not a substitute for an appeal and, it follows, may not be invoked to resurrect a waived argument.”
  • “[S]ubsection 6 … applies only in exceptional or extraordinary circumstances which are not addressed by the first five numbered clauses of the Rule.” (cleaned up)
  • The “civil action” requirement is not jurisdictional because there is “no indication that Congress perceived this requirement as jurisdictional in nature.”
  • “A Rule 60(b) motion is neither a substitute for, nor a supplement to, an appeal”; “[f]or this reason, arguments that were, or should have been, presented on appeal are generally unreviewable on a Rule 60(b)(6) motion.”
  • discussing the intervening-change-in-law exception in the context of Rule 60(b)(6)

Source: CourtListener parenthetical corpus (CC0).

Judges: Sutton, Griffin, Cohn

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.