Eugene McDowell v. Dynamics Corporation of America

KENNEDY, Circuit Judge.

The defendant-appellant, Dynamics Corporation of America, appeals an order granting the plaintiff’s Rule 60(b) motion to set aside summary judgment in this diversity product liability action. The appellant argues that the District Court lacked jurisdiction to set aside summary judgment. For the reasons discussed below, we agree and shall REVERSE.

This product liability case arises from injuries sustained by the appellee, Eugene McDowell, on October 22,1982, while using a grain elevator manufactured by the appellant. Appellee filed this diversity ease in October, 1983. On…