Marilyn Hollister v. John Forsythe, a Public Officer Rosebud County, a Montana Political Subdivision

91 F.3d 152 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. Marilyn HOLLISTER, Plaintiff-Appellant, v. John FORSYTHE, a public officer; Rosebud County, a Montana Political Subdivision, Defendants-Appellees. No. 95-35533. United States Court of Appeals, Ninth Circuit. Argued and Submitted July 11, 1996. Decided July 24, 1996. Before: REAVLEY, * REINHARDT, WIGGINS, Circuit Judges. 1 MEMORANDUM ** OVERVIEW 2 Marilyn Hollister appeals the district court's order, denying her motion for relief from judgment, pursuant to Federal Rules of Civil Procedure 60(b)(4) and 60(b)(6). We have jurisdiction under 28 U.S.C. § 1291 . We AFFIRM the district court's order and DENY both parties' requests for attorney's fees and costs. DISCUSSION I. STANDARD OF REVIEW 3 We review a motion to vacate a judgment pursuant to Federal Rule of Civil Procedure 60(b) for a clear showing of abuse of discretion. Export Group v. Reef Indus., Inc., 54 F.3d 1466, 1469 (9th Cir.1995). However, we review de…