United States First Circuit

Motion for relief from judgment, based on newly discovered evidence, was properly denied where appellant wholly failed to explain why "new" evidence (an affidavit) could not have been found in the exercise of even minimal diligence, and appellant was hampered only by his own reluctance to undertake an assiduous investigation.

Appellate Information

• Decided 05/02/2002
• Published 05/02/2002

Judges

• SELYA, Circuit Judge., Before SELYA, Circuit Judge, BOWNES and STAHL, Senior Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Robert E. Weiner, with whom Jeffrey A. Gorlick was on brief, for appellants.


• For Appellees:
  
• Raymond S. Ewer, with whom Tennant & Ewer, P.C. was on brief, for appellees.