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    This document is a court case from the United States Court of Appeals for the Fourth Circuit from 1987. It involves Albert Charles Burgess Jr. appealing the district court's denial of his motion under Rule 60(b)(5) and (6) seeking relief from a 1985 judgment in his civil action. The court finds no abuse of discretion in the district court's denial and affirms the lower court's ruling. It dispenses with oral argument as the facts and legal arguments were adequately briefed in the record. The court affirms the district court's decision.

    Original Description:

    Filed: 1987-11-27 Precedential Status: Non-Precedential Citations: 835 F.2d 873 Docket: 87-3101

    Original Title

    Albert Charles Burgess, Jr. v. Equilink Corporation, Tn American, Inc., Brown Group Recreation Products, Inc., King-Seeley Thermos Company, Winning Ways, Inc., William Iselin Co., Inc., Whisnant Displays, Inc., Robert J. Berhnardt, Horace M. Dubose, Iii, Premier Athletic Products, Vitter Sports, Southern Athletic Division of the Kendall Corporation, 835 F.2d 873, 4th Cir. (1987)

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    This document is a court case from the United States Court of Appeals for the Fourth Circuit from 1987. It involves Albert Charles Burgess Jr. appealing the district court's denial of his motion under Rule 60(b)(5) and (6) seeking relief from a 1985 judgment in his civil action. The court finds no abuse of discretion in the district court's denial and affirms the lower court's ruling. It dispenses with oral argument as the facts and legal arguments were adequately briefed in the record. The court affirms the district court's decision.

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    Public Domain
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    1 views2 pages

    United States Court of Appeals, Fourth Circuit

    Uploaded by

    Scribd Government Docs
    This document is a court case from the United States Court of Appeals for the Fourth Circuit from 1987. It involves Albert Charles Burgess Jr. appealing the district court's denial of his motion under Rule 60(b)(5) and (6) seeking relief from a 1985 judgment in his civil action. The court finds no abuse of discretion in the district court's denial and affirms the lower court's ruling. It dispenses with oral argument as the facts and legal arguments were adequately briefed in the record. The court affirms the district court's decision.

    Copyright:

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    of 2

    835 F.

    2d 873
    Unpublished Disposition

    NOTICE: Fourth Circuit I.O.P. 36.6 states that citation of


    unpublished dispositions is disfavored except for establishing
    res judicata, estoppel, or the law of the case and requires
    service of copies of cited unpublished dispositions of the Fourth
    Circuit.
    Albert Charles BURGESS, Jr., Plaintiff-Appellant,
    v.
    EQUILINK CORPORATION, Tn American, Inc., Brown
    Group
    Recreation Products, Inc., King-Seeley Thermos Company,
    Winning Ways, Inc., William Iselin Co., Inc., Whisnant
    Displays, Inc., Robert J. Berhnardt, Horace M. Dubose, III,
    Premier Athletic Products, Vitter Sports, Southern Athletic
    Division of the Kendall Corporation, Defendants-Appellees.
    No. 87-3101.

    United States Court of Appeals, Fourth Circuit.


    Submitted Sept. 10, 1987.
    Decided Nov. 27, 1987.

    Albert Charles Burgess, Jr., appellant pro se.


    Francis Marion Fletcher, Jr., Harkey, Fletcher, Lambeth & Nystrom, for
    appellees Equilink Corporation, TN American, Winning Ways, William
    Iselin Company, Berhnardt, Dubose, Premier Athletic Products, Vitter
    Sports and Southern Athletic Division.
    Dan T. Coenen, Robinson, Bradshaw & Hinson, PA, for appellee Brown
    Group Recreation Products.
    John Malcolm Murchison, Jr., Kennedy, Covington, Lobdell & Hickman,
    for appellee King-Seeley Thermos Company.
    Walter Rand, III, Falk, Carruthers & Roth, PA, for appellee Whisnant

    Displays.
    Before K.K. HALL, JAMES DICKSON PHILLIPS, and MURNAGHAN,
    Circuit Judges.
    PER CURIAM:

    Albert Charles Burgess, Jr., appeals the district court's denial of his motion
    filed pursuant to Fed.R.Civ.P. 60(b)(5) and (6) seeking relief from a judgment
    entered October 28, 1985, in Burgess' civil action seeking damages. When
    considering the denial of a motion for relief under Rule 60(b), this Court's
    standard of review is whether the district court abused its discretion. See
    Transportation, Inc. v. Mayflower Services, Inc., 769 F.2d 952, 954 (4th
    Cir.1985); Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982). Finding no
    abuse of discretion, we affirm.

    We dispense with oral argument because the facts and legal arguments were
    adequately presented in the informal briefs and record and the decisional
    process would not be significantly aided by oral argument.

    AFFIRMED.

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