Robert M. Hensley v. The Chesapeake & Ohio Railway Company, a Corporation, Robert M. Hensley v. The Chesapeake & Ohio Railway Company, a Corporation

JAMES DICKSON PHILLIPS, Circuit Judge:

In this case, 86 F.R.D. 555, the district court was confronted with the dilemma of a litigant who did not receive notice of the court’s original order until well after the time for giving notice of appeal had expired. Sympathetic to the plight of the litigant, the district court granted plaintiff Hensley’s motion under Fed.R.Civ.P. 60(b)(6) for relief from its original order and then reentered that order so that Hensley might take a timely appeal from that reentered order. We hold that, except upon a showing of exceptional or unique circumstances,…