HINZE ET AL.

v.

DUEL, COMMISSIONER OF INSURANCE

Citator

Cited By

• Claudiatte Pierce v. Cook & Co., Inc., 518 F.2d 720 (10th Cir. 1975)
  …as in a better position to decide the issues presented, we held that the motion was unnecessary. The procedural problems involved have been the subject of much discussion. Compare Wilkin with Brady v. Beams, 10 Cir., 132 F. 2d 985, 986, cert. denied 319 U.S. 747, 63 S.Ct. 1032, 87 L.Ed. 1702; National Brake & Electric Company v. Christensen, 254 U.S. 425, 430, 41 S.Ct. 154, 65 L.Ed. 341; and Butcher & Sherrerd v. Welsh, 3 Cir., 206 F. 2d 259, 262, cert. denied 327 U.S. 799. Because our judgment is final and…
• Wilkin v. Sunbeam Corp., 466 F.2d 714 (10th Cir. 1972)
  …lief under Rule 60(b) (3) which abolishes the distinctions between extrinsic and intrinsic fraud. Under the rule, a judgment may be set aside for fraud discovered after the entry of judgment. Brady v. Beams, 10 Cir., 132 F. 2d 985, 987, cert. denied 319 U.S. 747, 63 S.Ct. 1032, 87 L.Ed. 1702. Relief under the rule may be granted when the application is clearly substantiated by adequate proof. Consolidated Gas & Equipment Co. of America v. Carver, 10 Cir., 257 F. 2d 111, 114. A Rule 60(b) motion is addressed…
• Funk v. Commissioner of Internal Revenue, 163 F.2d 796 (3d Cir. 1947)
  …n to determine reason for delay); Butler v. Eaton, 1891, 141 U.S. 240, 11 S.Ct. 985, 35 L. Ed. 733 (to find that judgment pleaded in bar in the lower court had been reversed on review); Brady v. Beams, 10 Cir., 1942, 132 F. 2d 9S5, certiorari denied 319 U.S. 747, 63 S.Ct 1032, 87 L.Ed. 1702 (in an action to set aside judgment in prior appealed case, court took judicial notice of its own records to determine whether appellant liad knowledge of the facts presently urged); Kithcart v. Metropolitan Life Ins. Co…