· 9/9/1982
Indian Head National Bank of Nashua v. Richard Brunelle, U.S. Marshal for the District of New Hampshire, and Conproco Corporation, Ipa Systems, Inc.
Citations
- 689 F.2d 245
- 34 Fed. R. Serv. 2d 1347
- 1982 U.S. App. LEXIS 25778
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that “comity among the federal district courts is furthered if the registering court refers the question of relief to the court which ordinarily entered the judgment.”
- stating that Rule 60(b)(4) challenges to default judgments are one of two exceptions to the general rule that Rule 60(b) motions must be addressed to the rendering court
- stating in dicta that a registering court could consider the claim that the rendering court lacked personal jurisdiction
- noting neither the parties nor the court itself could find a single case “where a court of registration was willing to entertain directly a Rule 60(b) motion other than one attacking a default judgment for lack of personal jurisdiction”
- “Courts of registration presented with Rule 60(b) motions have themselves shown a marked reluctance to entertain them, generally deferring to the rendering courts.”
- as Advisory Committee Notes indicate, \the Rule expressly preserves independent equitable actions\ available \prior to the Rule's enactment\
Source: CourtListener parenthetical corpus (CC0).
Judges: Campbell, Breyer, Rosenn
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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