Valmont Industries, Inc. v. Enresco, Inc., a Colorado Corporation, and Yuma Manufacturing Company, Inc., Acolorado Corporation

HILL, Circuit Judge.

This is an appeal from an order denying appellants relief from final judgment under the “newly discovered evidence” part of Rule 60(b) F.R.Civ.P., 28 U.S.C. The trial court denied the motion on three grounds: (1) that the motion was untimely; (2) that the judgment was merged in a compromise agreement which superseded the judgment; and (3) the due diligence requirement of Rule 60(b) was not met.

This is a patent infringement suit involving United States Letters Patent No. 2,604,359 for Self-Propelled Sprinkling Apparatus issued July 22, 1955 to Frank L. Zybach. In the trial…