· 6/1/1987
Kem Manufacturing Corporation v. Ray J. Wilder, and Rjw, Incorporated, Harold J. Gaines, Non-Party Movant-Appellant
Citations
- 817 F.2d 1517
- 8 Fed. R. Serv. 3d 68
- 1987 U.S. App. LEXIS 6868
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that nonparty did' not have standing under Rule 60(b
- finding that a nonparty “only” has standing to claim fraud on the court “if the nonparty's interests are directly affected by the final judgment”
- noting that “[i]t is not clear that the privity exception does any more than restate in different language the rule that persons tantamount to a party may be allowed standing”
- noting that the “general rule is that one must either be a party or a party’s legal representative in order to have standing to bring any Rule 60(b
- stating “a nonparty only has standing to raise a challenge of fraud on the court [under Rule 60(b)] if the nonparty’s interests are directly affected by the final judgment”
- “[I]n order to bring a Rule 60(b) motion a person must have standing under that rule.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hill, Johnson, Eschbach
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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