United States Second Circuit

In a suit challenging the constitutionality of New York City's 'pay to play' campaign finance provisions, the District Court's denial of plaintiffs' motion under Fed. R. Civ. 12 P. 60(b) seeking reconsideration of the grant of summary judgment to defendants and dismissal of plaintiffs' claims, the District Court's denial is affirmed where the fact that the District Court's prior dismissal was not executory and did not leave open future adjudication of any issues regarding the rights of the parties now at issue here and before the district court is fatal to plaintiffs' claim under the under the third set of circumstances listed in Rule 60(b)(5).

Appellate Information

• Published 2016/08/10

Judges

• HALL

Court

• United States Second Circuit

Counsel