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· 5/12/1972

Theodore R. Kupferman, as Receiver of Vickers, Christy & Co., Inc. v. Consolidated Research and Manufacturing Corporation, Daniel Jacobson

Citations

  • 459 F.2d 1072

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that counsel pursuing case with known complete defense could be fraudulent, where defense was unknown to the court, or, apparently, unknown to the defending parties
  • holding that counsel pursuing case with known complete defense could be fraudulent, where defense was unknown to the court, or, apparently, unknown to the defending parties
  • noting that otherwise the time limitation for Rule 60(b)(3) motions would be rendered “meaningless”
  • concluding court could sua sponte vacate a judgment upon a finding of fraud
  • “[A]n attorney[’s] . . . loyalty to the court, as an officer thereof, demands integrity and honest dealing with the court. And when he departs from that standard in the conduct of a case he perpetrates a fraud upon the court.”
  • noting the Second Circuit adopted Moore’s formulation

Source: CourtListener parenthetical corpus (CC0).

Judges: Friendly, Smith, Oakes

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.