Jerry and Patricia A. Dixon, et al - Page 206




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          the judgment, relying on Warren's alleged fraud on the Court.               
          The District Court denied Robertson's motion.                               
               On appeal, the Court of Appeals, citing Moore's definition             
          of fraud on the court, observed that relief from a judgment for             
          fraud on the court does not necessarily require the moving party            
          to show that he was prejudiced by the misconduct.  Quoting Hazel-           
          Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. at 246, the                
          Court of Appeals stated:  "The Supreme Court, for example, has              
          explained this provision of the Rule not so much in terms of                
          whether the alleged misconduct prejudiced the opposing party but            
          more in terms of whether the alleged misconduct 'harms' the                 
          integrity of the judicial process".  Alexander v. Robertson,                
          supra at 424; see In re Intermagnetics Am., Inc., 882 F.2d at               
          916-917.                                                                    
          Reading Hazel-Atlas Glass in conjunction with Moore's                       
          definition of fraud upon the court, the Court of Appeals further            
          observed that Robertson's assertion that Warren's misconduct had            
          subverted the integrity of the judicial process seemed to fit               
          with the proposition that relief may be granted pursuant to rule            
          60(b) of the Federal Rules of Civil Procedure for fraud upon the            
          court where there is an extraordinary harm to the public.  See              
          Alexander v. Robertson, supra at 424.                                       
               Nevertheless, the Court of Appeals sustained the District              
          Court's denial of Robertson's motion to vacate the judgment on              
          the grounds that:  (1) There was no showing that Warren's                   
          misconduct was designed to improperly influence the court in its            

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