Legal Opinion

NKIHTAQMIKON v. Bureau of Indian Affairs

District Court, D. Maine

Decided March 4, 2009No. CV-05-188-B-WPublishedCited by 4 opinions

1Opinion of the Court

ORDER ON MOTION FOR RELIEF FROM JUDGMENT

JOHN A. WOODCOCK, JR., Chief Judge.

On June 16, 2008, the Court of Appeals for the First Circuit stayed the Plaintiffs appeal and invited a motion in this Court for relief from judgment under Federal Rule of Civil Procedure 60(b). The Court grants the Plaintiffs motion under Rule 60(b)(2), newly discovered evidence, and Rule 60(b)(5), relief from judgment based on an earlier judgment that has been reversed. It does not reach the Plaintiffs Rule 60(b)(6) argument, since Rule 60(b)(6) is a catchall provision, which only becomes applicable when none of the…

2Cases cited20 opinions

  1. Buckhannon Board & Care Home, Inc. v. West Virginia Dept. of Health and Human ResourcesSupreme Court of the United States · 2001
  2. Judicial Watch, Inc. v. Food & Drug AdministrationCourt of Appeals for the D.C. Circuit · 2006
  3. Robert James Lubben v. Selective Service System Local Board No. 27Court of Appeals for the First Circuit · 1972
  4. Texaco Puerto Rico, Inc. v. Department of Consumer AffairsCourt of Appeals for the First Circuit · 1995
  5. National Wildlife Federation v. United States Forest ServiceCourt of Appeals for the Ninth Circuit · 1988

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3Cited by4 opinions

  1. Vicuna v. O.P. Schuman & Sons, Inc.District Court, E.D. New York · 2017
  2. NKIHTAQMIKON v. Bureau of Indian AffairsDistrict Court, D. Maine · 2009
  3. Nkihtaqmikon v. Bureau of Indian AffairsDistrict Court, D. Maine · 2010
  4. NKIHTAQMIKON v. Bureau of Indian AffairsDistrict Court, D. Maine · 2009

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