- 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 atPage: Previous 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 Next
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