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· 7/19/1976

H. K. Porter Company, Inc., Cross-Appellant v. The Goodyear Tire & Rubber Company, Cross-Appellee

Citations

  • 536 F.2d 1115

How courts have described this case

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

  • recognizing “Goodyear has not cited, and we have not found, any cases dealing with the right to post-judgment discovery.”
  • holding parties seeking to avoid judgment on the basis of Rule 60(b)(3) ordinarily are required to make a prima facie showing of fraud in order to be entitled to discovery after judgment
  • stating “it is well within his discretion to require the moving party to make a showing in support of its allegations before requiring the prevailing party to submit a second time to extensive discovery.”
  • “an experienced trial judge ... [is] in the best position to know” whether fraud has been perpetrated on his or her court
  • allegations of nondisclosure during pretrial discovery are not sufficient to support an action for fraud on the court
  • “Allegations of nondisclosure during pretrial discovery are not sufficient to support an action for fraud on the court.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Phillips, Weick, McCree

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.