Jerry and Patricia A. Dixon, et al - Page 201




                                       - 273 -                                        

          Id. at 245-246.                                                             
               The Supreme Court further rejected the argument that alleged           
          lack of diligence by Hazel in discovering the fraud should serve            
          to bar relief.  Observing that the fraud in question did not                
          concern only private parties or a single litigant, the Supreme              
          Court stated:                                                               
               There are issues of great moment to the public in a                    
               patent suit.  Mercoid Corporation v. Mid-Continent                     
               Investment Co., 320 U.S. 661 * * *; Morton Salt Co. v.                 
               G.S. Suppiger Co., 314 U.S. 488 * * *.  Furthermore,                   
               tampering with the administration of justice in the                    
               manner indisputably shown here involves far more than                  
               an injury to a single litigant.  It is a wrong against                 
               the institutions set up to protect and safeguard the                   
               public, institutions in which fraud cannot complacently                
               be tolerated consistently with the good order of                       
               society.  Surely it cannot be that preservation of the                 
               integrity of the judicial process must always wait upon                
               the diligence of litigants.  * * *                                     
          Id. at 246.                                                                 
               Finally, the Supreme Court rejected the assertion that                 
          relief should be denied on the ground that the fraudulent article           
          was not "basic" to the Court of Appeals' decision.  In short, the           
          Supreme Court held that an appraisal of the influence of the                
          fraudulent article on the Court of Appeals' decision was not                
          necessary insofar as Hartford had considered the article material           
          and relied upon the article in obtaining a decision in its favor            
          from the Court of Appeals.  See id. at 246-247.                             
               Some courts hold that the term “fraud on the court” should             
          be construed consistently with the policy of preserving the                 
          finality of judgments.  See Drobny v. Commissioner, 113 F.3d at             



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