Lonnie E. Fleming, D/B/A Gulf Farm Center v. Gulf Oil Corporation, a Corporation

WILLIAM E. DOYLE, Circuit Judge.

This is an appeal in which plaintiff-appellant seeks to obtain relief under Rule 60(b) from the granting of a motion of defendant-appellee which resulted in dismissal of plaintiff’s action against Gulf.

On February 7, 1974, Gulf Oil Corporation, which had been defendant in an action instituted by plaintiff-appellant Fleming, filed a motion for dismissal in the following terms:

MOTION FOR ORDER OF DISMISSAL

Comes now Gulf Oil Corporation, the defendant in the above entitled cause, and respectfully submits to the Court that all matters and things in controversy…