- 278 - 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 itsPage: Previous 268 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 Next
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