John Conerly and Barry L. Frasier v. Rose Flower

LAY, Circuit Judge.

Appeal is made from an order of the district court vacating a consent judgment on the ground of fraud and reinstating a verdict of a jury in a personal injury case. Relief was sought under Fed.R.Civ.P. 60(b) (3) 1 some seven months after judgment and satisfaction had been filed by reason of defendants’ fraud and misrepresentation as to the amount of insurance coverage applicable to the defendants’ vehicle. The basic issue on appeal is whether plaintiff is entitled to affirmative relief, by reinstatement of the jury verdict as the true judgment or simply to relief from the…