Page v. Schweiker

I concur with Judge Higginbotham’s conclusion that the district court properly de*156nied the Secretary’s motion for relief pursuant to Rule 60(b),1 and that we must affirm. I agree with Judge Higginbotham that the Secretary is not entitled to relief from the district court’s remedial order of July 2, 1984 under Rule 60(b)(1), which provides for relief on grounds of “mistake, inadvertence, surprise, or excusable neglect.”

However, I disagree with Judge Higginbotham’s treatment of the issue of Page’s standing. I believe, as does Judge Hunter in dissent, that we must reach and resolve the…