Legal Opinion

Mary Hopper v. Euclid Manor Nursing Home, Inc.

Court of Appeals for the Sixth Circuit

Decided February 2, 1989No. 87-3938PublishedCited by 250 opinions

1Opinion of the Court

KENNEDY, Circuit Judge.

In an effort to foreclose defendant-appellant’s (Euclid Manor Nursing Home, Inc.) entitlement to costs under Rule 68, Federal Rules of Civil Procedure, the District Court modified its earlier judgment awarding nominal damages to plaintiff-appellee Mary Hopper in this employment discrimination case. Defendant appeals, asserting that the District Court abused any discretion it might have under Rule 60(b)(6) in modifying the judgment to circumvent the mandatory application of Rule 68. We agree that it was an abuse of discretion to modify the judgment for this purpose.…

2Cases cited8 opinions

  1. Marek v. ChesnySupreme Court of the United States · 1985
  2. Delta Air Lines, Inc. v. AugustSupreme Court of the United States · 1981
  3. 35 Fair empl.prac.cas. 574, 30 Empl. Prac. Dec. P 33,116 Liberty Mutual Insurance Company, Etc. v. Equal Employment Opportunity Commission, and State of California Fair Employment and Housing Commission (Successor to State of California Fair Employment Practice Commission)Court of Appeals for the Ninth Circuit · 1982
  4. In the Matter of Emergency Beacon Corporation, Debtor. Montco, Inc. v. Harvey S. BarrCourt of Appeals for the Second Circuit · 1981
  5. Federal's, Inc. v. Edmonton Investment Co.Court of Appeals for the Sixth Circuit · 1977

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3Cited by250 opinions

  1. Louis David Johnson, Jr. v. Unknown Dellatifa (03-1497/1880) Unknown Carline (03-1506/1865) S. Powers (03-1555/1833) Dave Stasewish (03-1559/1835)Court of Appeals for the Sixth Circuit · 2004
  2. O'BRIEN v. Ed Donnelly Enterprises, Inc.Court of Appeals for the Sixth Circuit · 2009
  3. Frank Olle, Jr. Automatic Press Corporation and James W. Cato v. The Henry & Wright CorporationCourt of Appeals for the Sixth Circuit · 1990
  4. Blue Diamond Coal Co. v. Trustees of the Umwa Combined Benefit Fund, (99-6110), Secretary of Health and Human Services, (99-6111)Court of Appeals for the Sixth Circuit · 2001
  5. Mallory v. EyrichCourt of Appeals for the Sixth Circuit · 1991

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