Hansen v. United States
Decision Date | 20 January 1965 |
Docket Number | No. 17801.,17801. |
Citation | 340 F.2d 142 |
Parties | Melvin B. HANSEN, Appellant, v. UNITED STATES of America, Appellee. |
Court | U.S. Court of Appeals — Eighth Circuit |
Joseph Robbie and Peter Lindberg, Minneapolis, Minn., for appellant.
Miles W. Lord, U. S. Atty., and Stanley H. Green, Asst. U. S. Atty., Minneapolis, Minn., for appellee.
Before VAN OOSTERHOUT, BLACKMUN and MEHAFFY, Circuit Judges.
VAN OOSTERHOUT, Circuit Judge.
This is an appeal by defendant Melvin B. Hansen from order denying his motion to reopen judgment and direct payment to him of undisbursed funds held by the United States in trust account pursuant to 31 U.S.C.A. § 725p.
Defendant's statement of the case, adopted by the Government, reads:
Each of the parties argues the question of the trial court's jurisdiction to consider the motion. Defendant relies on brief upon Fed.R.Civ.P. 60(b) (5) and (6)1 and particularly Rule 60(b) (6).2
In Klapprott v. United States, 335 U. S. 601, 614-615, 69 S.Ct. 384, 390, 93 L.Ed. 266, the Court majority gives Rule 60(b) (6) a broad interpretation, stating, "In simple English, the language of the `other reason' clause, for all reasons except the five particularly specified, vests power in courts adequate to enable them to vacate judgments whenever such action is appropriate to accomplish justice." Klapprott is distinguished in Ackermann v. United States, 340 U.S. 193, 71 S.Ct. 209, 95 L.Ed. 207, the Court there holding that extraordinary circumstances required to entitle movant to Rule 60(b) (6) relief were not shown. See Federal Deposit Ins. Corp. v. Alker, 3 Cir., 234 F.2d 113, 116-117; 7 Moore's Federal Practice, 2d Ed., ¶ 60.27.
We need not here attempt to precisely define the exact scope of Rule 60(b) (6). We agree with the trial court's determination that defendant has failed to show that an extraordinary situation exists which entitles him to relief from the judgment entered against him. The trial court states:
The defendant consented to the judgment entered against him based upon rentals illegally exacted from named tenants. He has paid such judgment in full and satisfaction thereof has been entered. Defendant has no title or right to any money he paid to satisfy the judgment. A judgment debtor who has paid his judgment is not the rightful owner of unclaimed portions of the judgment deposited in a trust account in the Treasury pursuant to the statute. United States v. Klein, 3 Cir., 106 F.2d 213; Pennsylvania R. R. v. United States, 3 Cir., 98 F.2d 893; United States v. Cochrane, 5 Cir., 87 F.2d 3.
In the Pennsylvania Railroad case, supra, judgment was entered against the railroad in favor of bondholders. Some bondholders could not be located and the undisbursed funds due such bondholders were placed in a statutory trust account. The court held that the railroad was not entitled to recover such undisbursed funds, stating:
The parties here agree that the proceeds of the judgment not distributed to tenants entitled thereto was properly deposited with the Treasury in a trust account pursuant to 31 U.S.C.A. § 725p as "Unclaimed Moneys of Individuals Whose Whereabouts Are Unknown." It is also agreed that neither the Housing & Rent Act nor § 725p contain provisions for the disbursement of trust funds. The provision for the payment of the trust fund is found in 28 U.S. C.A. § 2042 which provides in part:
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