United States Eighth Circuit

A Rule 60(b) motion can neither be used as a substitute for a timely appeal, nor for an appeal based upon "new evidence" that was known at the time of trial, but raised for the first time on appeal.

Appellate Information

• Decided 06/07/2002
• Published 06/07/2002

Judges

• MELLOY, Circuit Judge., Before BOWMAN, RILEY, and MELLOY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Martin M. Bauman, argued, St. Joseph, Missouri, for appellant.


• For Appellees:
  
• Charles R. Schwartz, argued, Kansas City, Kansas, for appellee.