Tupper v. Kroc

OPINION

The district court granted a Rule 60(b) motion of the *484defendants, Tupper and Shepard, and their corporation, to set aside a judgment which the plaintiff, Kroc, had obtained against them. The order granting the motion and setting aside the judgment, however, was made subject to the condition that the defendants pay to the plaintiff all costs and attorney’s fees incurred by the plaintiff in preparing for and defending against the motion to set aside. This appeal is from that part of the order imposing a precondition to the relief which they sought and to which the court found them…