248 F.3d 1127 (1st Cir. 2000), 00-1328, Morani v. Landenberger

Docket Nº:00-1328.
Citation:248 F.3d 1127
Party Name:Dennis G. MORANI, Plaintiff, Appellant, v. William LANDENBERGER, et al., Defendants, Appellees.
Case Date:December 11, 2000
Court:United States Courts of Appeals, Court of Appeals for the First Circuit
 
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Page 1127

248 F.3d 1127 (1st Cir. 2000)

Dennis G. MORANI, Plaintiff, Appellant,

v.

William LANDENBERGER, et al., Defendants, Appellees.

No. 00-1328.

United States Court of Appeals, First Circuit

December 11, 2000

Editorial Note:

This opinion appears in the Federal reporter in a table titled "Table of Decisions Without Reported Opinions". (See FI CTA1 Rule 36 regarding use of unpublished opinions)

Plaintiff moved for relief from judgment on ground defendants' attorney committed fraud on the court, resulting in denial of his motion to vacate arbitration award. The District Court for the District of Massachusetts, Edward F. Harrington, J. denied relief. Plaintiff appealed. The Court of Appeals, 196 F.3d 9, affirmed. Plaintiff again appealed. The Court of Appeals held that plaintiff was not entitled to relief from judgment.

Affirmed.

Federal Civil Procedure 2654

170A ----

170AXVII Judgment

170AXVII(G) Relief from Judgment

170Ak2651 Grounds

170Ak2654 Fraud; Perjury.

Plaintiff was not entitled to relief from judgment under civil procedure rule, on basis that attorney committed fraud on court by misrepresenting certain facts to court regarding defendant's failure to call witness during arbitration hearing, although court apparently relied on attorney's alleged misrepresentations in denying plaintiff's motion to vacate arbitration award, where partial transcript of proceeding did not show such misconduct. Fed.Rules Civ.Proc.Rule 60(b), 28 U.S.C.A.

Appeal from the United States District Court for the District of Massachusetts, Edward F. Harrington, U.S. District Judge.

Dennis G. Morani, on brief, pro se.

Thomas G. Nicholson and Finneran & Nicholson, P.C., on brief, for appellees.

Before TORRUELLA, Chief Judge, BOUDIN and LIPEZ, Circuit Judges.

PER CURIAM.

In this appeal, pro se appellant Dennis Morani objects to the district court's denial of his motion for relief from judgment under Fed.R.Civ.P. 60(b). We affirm, commenting here on only one of the claims raised in the motion. 1 Morani asserted that Thomas Nicholson, counsel for appellees, William Landenberger and Commonwealth Equity Service, Inc., had engaged in "fraud on the court" by misrepresenting certain facts to the district court concerning Morani's failure to call Landenberger as a witness during arbitration proceedings. The district court had apparently...

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