Mervin C. McKinney v. Joseph Boyle

This is a diversity action for damages growing out of an automobile accident which occurred on April 7, 1961. The suit was commenced by Mervin C. McKinney on April 26, 1961. It was dismissed with prejudice on December 4, 1962, pursuant to a stipulation of that date signed by the attorneys for all parties, including plaintiff. On June 16, 1967, plaintiff, proceeding under Rule 60(b), Federal Rules of Civil Procedure, moved to vacate and set aside the order dismissing the action. McKinney appeals from the order denying that motion.

Defendants moved to dismiss the appeal on the ground that the motion had not been filed in the district court within the time provided by Rule 60(b) (3). This would be a reason for affirming the order of the district court denying the motion, but would not be an appropriate ground for dismissing the appeal. The motion to dismiss the appeal is therefore denied.

Plaintiff moved in this court to require defendants to supplement the record by supplying copies of a document, and providing other information not now in the record before us, and which had not been produced in the district court proceedings. The motion is denied.

In his complaint, McKinney…