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Relief Under FRCP Rule 60 Unavailable to Plaintiff Who Lost on Motion to Dismiss State Law Claim for Negligent Misrepresentation (PDF)
U.S District Court for the District of Kansas Link to more items from this source
Oct. 13, 2014
"Arguments that the court misapplied the law or misunderstood a party's position are properly brought under Rule 59(e), but do not justify relief under Rule 60(b) ... And a party may not use a Rule 60(b) motion to raise arguments that he could have raised earlier.... In essence, plaintiff contends that defendant is not a fiduciary and that the court improperly assumed or found that she was." [Lebahn v. Owens, No. 14-1001-CM (D. Kan. Oct. 10, 2014)

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