Dorey Lester, D/B/A Union 76 Truck Stop v. Empire Fire and Marine Insurance Company

ORDER OF AFFIRMANCE

Seventeen months after the district court entered final judgment dismissing his claim for fire damage to property insured by defendant-appellee Empire Fire and Marine Insurance Co., plaintiff-appellant Dorey Lester brought this motion to set aside the judgment for fraud under Fed.R.Civ.P. 60(b). As grounds for relief, Lester alleged that a material witness, who testified on behalf of defendant-appellee that the fire had been deliberately set, falsely and fraudulently stated his qualifications as an expert on arson.

The district court 1 denied the motion as untimely, ruling…