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Civil Procedure Keyed to Marcus
Wratchford v. S.J. Groves & Sons Company
Facts
After filing a Notice of Appeal, the Plaintiffs filed a motion pursuant to Rule 60(b) of the Federal Rules of Civil Procedure. They contended, for the first time, that the federal statute, as opposed to the Maryland statute should be applied to diversity actions. Although the district court reached the conclusion that in the Fourth Circuit the federal rule, rather than the Maryland state rule, was now to be applied, the court denied the Plaintiff’s motion. In its opinion, the court expressed the appropriateness of this case for clarification on appeal.
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