Legal Opinion

Kem Manufacturing Corporation v. Ray J. Wilder, and Rjw, Incorporated, Harold J. Gaines, Non-Party Movant-Appellant

Court of Appeals for the Eleventh Circuit

Decided June 1, 1987No. 86-7248PublishedCited by 35 opinions

1Opinion of the Court

ESCHBACH, Senior Circuit Judge:

This case presents an appeal from a district court’s denial of a motion made pursuant to Federal Rule of Civil Procedure 60(b) by a nonparty, Harold J. Gaines. 1 Gaines alleges that the parties to this action committed fraud, both against him and on the district court, and that he must be granted standing under Rule 60(b) to argue these contentions to the district court. We reject his assertion that he has standing under Rule 60(b) and will affirm. 2

I

In July of 1981 Kem Manufacturing Corporation (“Kem”) sued Ray Wilder and RJW, Inc., under various legal…

2Cases cited9 opinions

  1. Bankers Mortgage Company v. United StatesCourt of Appeals for the Fifth Circuit · 1970
  2. Vick Griffin, D/B/A Griffin Construction Co. v. Swim-Tech Corporation, a Foreign CorporationCourt of Appeals for the Eleventh Circuit · 1984
  3. 12 Collier bankr.cas.2d 845, Bankr. L. Rep. P 70,371 in Re Edward Hill Lovitt, Wwi Ermie Lovitt, Debtor. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife v. Appleatchee Riders Association Cyprus Mines Corporation, and Asamera Minerals (u.s.), Inc., Appleatchee Riders Association Cyprus Mines Corporation and Asamera Minerals (u.s.), Inc., Cross-Appellants v. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife, Cross-Appellees. Sheena R. Aebig, Successor-Trustee of Lovitt Bankruptcy Estate v. Gordon H. Cheadle and Patricia J. Cheadle, Husband and Wife Appleatchee Riders Association Cyprus Mines Corporation and Asamera Minerals (u.s.), Inc.Court of Appeals for the Ninth Circuit · 1985
  4. Dunlop v. Pan American World Airways, Inc.Court of Appeals for the Second Circuit · 1982
  5. Sandra Lou Southerland v. Frank Irons, Richard L. Wolk, Michigan Department of Social ServicesCourt of Appeals for the Sixth Circuit · 1980

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3Cited by35 opinions

  1. Sandra Cano v. Thurbert E. BakerCourt of Appeals for the Eleventh Circuit · 2006
  2. Eyak Native Village v. Exxon CorporationCourt of Appeals for the Ninth Circuit · 1994
  3. United States v. 8136 S. Dobson Street, Chicago, Illinois, Rodney AndersonCourt of Appeals for the Seventh Circuit · 1997
  4. Heyman v. M.L. Marketing CompanyCourt of Appeals for the Fourth Circuit · 1997
  5. Bridgeport Music, Inc. v. SmithCourt of Appeals for the Sixth Circuit · 2013

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