Delay

The beneficiaries of Plaintiff-Appellant William Delay’s estate appeal an order from the district court denying modification under Federal Rule of Civil Procedure 60(b)(6) of a January 8, 1985 judgment on a breach of employment contract claim against the now-abolished Pacific Northwest River Basins Commission (“the Commission”). Appellants asserted that, under a change in the decisional law, the United States was liable for effecting an unconstitutional taking of Delay’s cause of action when it abolished and de-fended the Commission in 1981, so that the judgment against the Commission should be modified to be a judgment against the United States for which the United States Judg ment Fund was liable. As stated by the district court, “Pursuant to Rule 60(b)(6), plaintiff seeks an order modifying the District Court Judgment to make the United States liable on the Judgment at issue.” The district court denied the Motion to Modify Judgment Pursuant to Rule 60(b)(6), the Delay beneficiaries have appealed, we have jurisdiction under 28 U.S.C. § 1291 , and we affirm.

I

The Commission was established by Executive Order in 1967 by President Lyndon Johnson and charged with maintaining a…