Nucor Corporation v. Nebraska Public Power District

MAGILL, Circuit Judge.

Nucor Corporation (Nucor), appeals from the district court’s order granting Nebraska Public Power District’s (NPPD) motion under Fed.R.Civ.P. 60(b) for partial satisfaction of a 1987 judgment. We hold NPPD’s Rule 60(b) motion was untimely, and the district court had no jurisdiction to entertain the motion.

I. BACKGROUND

This present litigation stems from a breach of contract claim brought by Nucor in 1987 against NPPD. A discussion of the facts underlying that claim can be found at Nucor Corp. v. Nebraska Pub. Power Dist., 891 F.2d 1343 (8th Cir.1989), cert. denied, 498…