· 2/23/1983
Lorenzo Edward Ervin, Jr. v. George C. Wilkinson, Warden, U.S. Penitentiary, Marion, Illinois
Citations
- 701 F.2d 59
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- remanding for consideration of civil-rights plaintiff's 60(b) motion alleging, in part, that the plaintiff's own lawyer had made affirmative misrepresentations to the plaintiff that led the plaintiff to dismiss voluntarily his action
- “to prevail under a Rule 60(b)(3) claim for fraud it is incumbent upon the movant to establish the fraud complained of by clear and convincing evidence.”
- “Where the moving party has been prevented from presenting the merits of his case by the conduct of which he complains, Rule 60(b) relief is most appropriate.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Pell, Cudahy, Bartels
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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