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eBook details

• Title: Knox v. Lichtenstein
• Author : Eighth Circuit United States Court of Appeals
• Release Date : January 22, 1981
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 50 KB

Description

Order ON PETITION FOR REHEARING The petition for rehearing is denied. However, we take this opportunity to clarify the previously filed opinion in this case, 8 Cir., 654 F.2d 19. In its petition for rehearing American National Bank argues that this court mistakenly affirmed the district court's ruling on the basis of Fed.R.Civ.P. 60(b)(6). American National Bank argues that the district court refused to enjoin the state court action because, as the memorandum attached to the district court's order explained, the prior dismissal pursuant to Fed.R.Civ.P. 9(b) and 12(b)(6) was without prejudice. By explaining that its prior dismissal of the federal securities claims against the bank had been without prejudice, the district court rendered moot the trustees' pending motion pursuant to Fed.R.Civ.P. 60(b)(6) for clarification of its prior dismissal. American National Bank argues that because the district court denied the trustees' Rule 60(b)(6) motion as moot, this court improperly affirmed the district court on the basis of Fed.R.Civ.P. 60(b)(6).

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