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· 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 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.