Republic Insurance Company v. Conrado Frias and Juana Frias

972 F.2d 1341 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. REPUBLIC INSURANCE COMPANY, Plaintiff-Appellant, v. Conrado FRIAS and Juana Frias, Defendants-Appellees. No. 88-5583. United States Court of Appeals, Ninth Circuit. Submitted July 27, 1992. Decided Aug. 3, 1992. Before EUGENE A. WRIGHT, FARRIS and BEEZER, Circuit Judges. 1 MEMORANDUM ** 2 Republic appeals the denial of its Rule 60(b) motion to reconsider the dismissal in 1983 of its action against the Friases for failure to prosecute. The district court denied Republic's action because it failed to meet Rule 60(b)(6)'s "extraordinary circumstance" requirement. We affirm 3 In 1982 Republic sued the Friases for misrepresentations in their application for insurance. The suit was dismissed for lack of prosecution. Republic moved to reconsider the dismissal. The district court did not rule on the motion and Republic appealed. This court dismissed the appeal. 4 Republic's later motion to reconsider was filed late in…