Red Warrior Coal & Mining Co. v. Boron

JAMES ALGER FEE, District Judge.

This is a motion to vacate or alter a judgment so that it shall be “without prejudice.” The motion is verified by counsel for plaintiff, but there is no statement as to what provision of statute or Federal Rules oif Civil Procedure movant relies upon for vacation. There is no statement of facts showing surprise or excusable neglect under Rule 60(b), 28 U.S.C. There is no statement that plaintiff in good faith expected to adduce evidence to establish the allegations of its complaint, which has always been a prerequisite to relief of this kind.

This cause was duly…