· 6/4/1985
The Travelers Indemnity Company v. Jack Gore and the Darien Bank
Citations
- 761 F.2d 1549
- 2 Fed. R. Serv. 3d 502
- 1985 U.S. App. LEXIS 30158
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that perjury does not constitute fraud on the court under Rule 60(d)(3)
- explaining that a plaintiff “cannot use an independent action as a vehicle for the relitigation of issues”
- stating when committed by a judicial officer, fraud upon the court “de- file[s] the court itself,” or results in the court being incapable of re- solving cases in its usual, impartial manner (quotation marks omit- ted)
- allegations of perjury insufficient to obtain relief from judgment through independent action, which cannot be used as vehicle for relitigation of issues
- “[F]or fraud to lay a foundation for an independent action, it must be such that it . . . could [not] have been put in issue by the reasonable diligence of the opposing party.”
- “[F]or fraud to lay a foundation for an independent action, it must be such that it was not in issue in the former action nor could it have been put in issue by the reasonable diligence of the opposing party.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Godbold, Hill, Kravitch, Per Curiam
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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