Schram v. Safety Inv. Co.

PICARD, District Judge.

The above matter now comes before this court on a motion for relief from judgment under Rule 60 of the Rules of Civil Procedure, 28 U.S.C.A. following section 723c. Judgment for defendant was entered on June 16th, 1941, and plaintiff appealed to the Circuit Court of Appeals for the Sixth Circuit, perfecting the order, September 13th, 1941. The instant motion for relief was filed on October 22nd, 1941, within six months following entry of judgment, but after appeal to the Circuit Court of Appeals — plaintiff setting forth that he had recently discovered, through counsel,…