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United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________ No. 01-3697 ___________ Laxman S. Sundae, * * Appellant, * * v. * Appeal from the United States * District Court for the District W.D. Schock Company; William D. * of Minnesota. Schock; Ralph E. White; Robert B. * Swenson; L. James Fortman; Dean C. * [UNPUBLISHED] Larson, doing business as * International Idea Institute, * * Appellees. * ___________ Submitted: April 25, 2002 Filed: April 30, 2002 ___________ Before WOLLMAN, FAGG, and MORRIS SHEPPARD ARNOLD, Circuit Judges. ___________ PER CURIAM. Laxman S. Sundae appeals the district court's order denying Sundae's Federal Rule of Civil Procedure 60(b) motion. All of Sundae's arguments in support of setting aside the district court's judgment could have been, but were not, raised in a timely appeal from the underlying judgment. Because Sundae's motion raised only "previously ruled upon legal matter[s] that he could have raised on a timely appeal, the district court was not required to grant relief under Rule 60(b) as a substitute for [Sundae's] exercising his right to appeal the alleged error[s]." See Sanders v. Clemco Indus.,
862 F.2d 161, 170 (8th Cir. 1988). We thus affirm the district court's order. See 8th Cir. R. 47B. A true copy. Attest: CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT. -2-
Document Info
Docket Number: 01-3697
Citation Numbers: 33 F. App'x 245
Judges: Wollman, Fagg, Arnold
Filed Date: 4/30/2002
Precedential Status: Non-Precedential
Modified Date: 11/5/2024