Legal Opinion
Harris, Roy v. Martin, Robert L., Supt., Allenwood F.P.C. Harris, Roy v. United States Parole Commission
Court of Appeals for the Third Circuit
Decided February 22, 1988No. 86-5869PublishedCited by 50 opinions
1Opinion of the Court
STAPLETON, Circuit Judge.
This case presents the question of whether the “prior judgment” clause of Fed.R. Civ.P. 60(b)(5)1 entitles a government agency to relief from a final and unappealed adverse judgment where the opinion supporting that judgment relies upon the holding in another case that the agency subsequently succeeds in overturning. The district court held that the agency was entitled to relief. We will reverse.
I
Following conviction on narcotics offenses, Roy Harris was sentenced in 1981 to twelve years’ imprisonment and a ten-year special parole term.2 In 1984, the examiner panel,…
2Cases cited15 opinions
- Browder v. Director, Dept. of Corrections of Ill.Supreme Court of the United States · 1978
- Ackermann v. United StatesSupreme Court of the United States · 1950
- Miller v. FloridaSupreme Court of the United States · 1987
- National League of Cities v. UserySupreme Court of the United States · 1976
- United States v. MendozaSupreme Court of the United States · 1984
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3Cited by50 opinions
- Budget Blinds, Inc. v. WhiteCourt of Appeals for the Third Circuit · 2008
- Tischio v. Bontex, Inc.District Court, D. New Jersey · 1998
- Comfort v. Lynn School CommitteeCourt of Appeals for the First Circuit · 2009
- Coregis Insurance Company v. Baratta & Fenerty, Ltd Anthony Baratta, Esq. Kenneth Lee Danielle Lee Baratta & Fenerty, Ltd Anthony Baratta, Esq.Court of Appeals for the Third Circuit · 2001
- Michael Lorenzo Mary Lorenzo v. Andrew Griffith William Grogan, D/B/A Barnacle Bill's, IncCourt of Appeals for the Third Circuit · 1993
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