Legal Opinion
Prostrollo v. University of South Dakota
District Court, D. South Dakota
Decided May 31, 1974No. Civ. No. 73-4063PublishedCited by 16 opinions
1Opinion of the Court
SUPPLEMENTAL MEMORANDUM DECISION
NICHOL, Chief Judge.
Pursuant to a defense motion for a new trial, the Court of Appeals remanded this case to the District Court for the limited purpose of holding an eviden-tiary hearing under Fed.R.Civ.P. 60(b)(2).1 Based on the following rea*11soning, this Court concludes such relief is not warranted and its previous decision will not be disturbed.
Rule 60(b) provides for extraordinary relief which may be granted only upon an adequate showing of exceptional circumstances. Hoffman v. Celebrezze, 405 F.2d 833, 835 (8th Cir. 1969). The defendants have declared that…
2Cases cited3 opinions
- Harriet H. Hoffman, of the Estate of Ivan M. Hoffman v. Anthony Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1969
- Mollere Ex Rel. Mollere v. Southeastern Louisiana CollegeDistrict Court, E.D. Louisiana · 1969
- Kender v. General Expressways, Ltd.District Court, E.D. Pennsylvania · 1963
3Cited by16 opinions
- National Labor Relations Board v. Jacob E. Decker and SonsCourt of Appeals for the Fifth Circuit · 1978
- January v. BarnesMississippi Supreme Court · 1992
- Strobl v. New York Mercantile ExchangeDistrict Court, S.D. New York · 1984
- Shapo v. Tires 'N Tracks, Inc.Appellate Court of Illinois · 2002
- Bradley Bank v. Hartford Accident and Indemnity Company, a Connecticut Corporation, DefendantCourt of Appeals for the Seventh Circuit · 1984
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