Professional Documents
Culture Documents
Vial v. Lappin, 4th Cir. (1999)
Vial v. Lappin, 4th Cir. (1999)
Vial v. Lappin, 4th Cir. (1999)
No. 98-7649
HARLEY LAPPIN,
Respondent-Appellee.
Appeal from the United States District Court
for the Eastern District of North Carolina, at Raleigh.
Malcolm J. Howard, District Judge.
(CA-97-825-5-H2)
Submitted: April 20, 1999
Decided: May 5, 1999
Before MURNAGHAN, WILKINS, and MICHAEL, Circuit Judges.
_________________________________________________________________
Affirmed by unpublished per curiam opinion.
_________________________________________________________________
COUNSEL
Michael Morchower, Anthony G. Spencer, MORCHOWER, LUXTON & WHALEY, Richmond, Virginia, for Appellant. Janice McKenzie Cole, United States Attorney, Anne M. Hayes, Assistant
United States Attorney, Robert E. Skiver, Assistant United States
Attorney, Raleigh, North Carolina, for Appellee.
_________________________________________________________________
To the extent that the Motion for Relief was brought under Fed. R.
Civ. P. 60(b), the district court did not abuse its discretion in denying
the motion. Rule 60(b) motions are not to be used as substitutes for
appeal. See Ackermann v. United States, 340 U.S. 193, 198 (1950).
Further, relief under Rule 60(b) is appropriate only in exceptional circumstances, see Dowell v. State Farm Fire & Cas. Auto Ins. Co., 993
F.2d 46, 48 (4th Cir. 1993), which do not exist in this case.
We accordingly affirm the judgment of the district court. We dispense with oral argument because the facts and legal contentions are
adequately presented in the materials before the court and argument
would not aid the decisional process.
AFFIRMED
3