United States First Circuit

For purposes of ruling on Fed. R. Civ. P. 60(b) motions for relief from judgment, a court must distinguish between fraud perpetrated during or as part of the underlying case, and that occurring during litigation. Where, as here, there existed no misconduct interfering with the process of adjudication, no grounds support relief from the prior judgment.

Appellate Information

• Decided 10/31/2005
• Published 10/31/2005

Judges

• BOUDIN, Chief Judge., Before BOUDIN, Chief Judge, SELYA, Circuit Judge, SILER, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas F. Hallett with whom Thomas F. Hallett Law Offices, P.A. was on brief for appellant.


• For Appellees:
  
• Ronald W. Schneider, Jr. with whom David A. Soley and Bernstein, Shur, Sawyer & Nelson were on brief for appellee.