Laxman S. Sundae v. W.D. Schock Company , 33 F. App'x 245 ( 2002 )


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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    Swenson; L. James Fortman; Dean C. *        [UNPUBLISHED]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Precedential Status: Non-Precedential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