Legal Opinion
Johnson Waste Materials v. F. Ray Marshall, Secretary of Labor, United States Department of Labor
Court of Appeals for the Fifth Circuit
Decided February 11, 1980No. 77-2556PublishedCited by 63 opinions
1Opinion of the Court
GEE, Circuit Judge:
In this case we are called upon to decide whether a judgment debtor can prevail in an independent action to reform a judgment under Fed.R.Civ.P. 60(b) 1 based on evidence that he had previously paid a portion of the obligation from which the judgment arose, if he has failed to demonstrate that he exercised due diligence to secure that evidence at the time of trial. We hold that in the exceptional circumstance where the evidence of payment is virtually conclusive, mere negligence on the part of the judgment debtor does not preclude reformation of the. judgment in a Rule…
2Cases cited12 opinions
- Anderson v. Mt. Clemens Pottery Co.Supreme Court of the United States · 1946
- Martha Ann Brundage Rozier v. Ford Motor CompanyCourt of Appeals for the Fifth Circuit · 1978
- Sakraida v. Ag Pro, Inc.Supreme Court of the United States · 1976
- Bankers Mortgage Company v. United StatesCourt of Appeals for the Fifth Circuit · 1970
- John T. Fackelman v. Griffin B. Bell, Attorney GeneralCourt of Appeals for the Fifth Circuit · 1977
7 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Good Luck Nursing Home, Inc. D/B/A Magnolia Gardens Nursing Home v. Patricia R. Harris, Secretary of Health, Education and WelfareCourt of Appeals for the D.C. Circuit · 1980
- Rosebud Sioux Tribe v. A & P Steel, Inc.Court of Appeals for the Eighth Circuit · 1984
- Jeffrey Hess v. Janie Cockrell, Director, Texas Department of Criminal Justice, Institutional DivisionCourt of Appeals for the Fifth Circuit · 2002
- Sandra Cano v. Thurbert E. BakerCourt of Appeals for the Eleventh Circuit · 2006
- Longden v. SundermanCourt of Appeals for the Fifth Circuit · 1992
58 more not listed; retrieve them via the Exa API.