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CASHNER v. FREEDOM STORES, INC.

Nos. 95-2005, 95-2019.

98 F.3d 572 (1996)

Thomas D. CASHNER, Plaintiff-Appellant-Cross Appellee, v. FREEDOM STORES, INC., Educational Enterprises, Inc., Leonard Melley Sr., Defendants-Appellees-Cross Appellants, and Leonard Melley Jr., and John Melley, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

October 16, 1996.

Attorney(s) appearing for the Case

James A. Gillespie, Hinkle, Cox, Eaton, Coffield & Hensley, Roswell, NM (Richard E. Olson and Karolyn King Nelson, with him on the briefs), for Plaintiff-Appellant-Cross Appellee.

Steven K. Sanders, Albuquerque, NM, for Defendants-Appellees-Cross Appellants.

Before BRORBY, EBEL, and HENRY, Circuit Judges.

EBEL, Circuit Judge.

Thomas Cashner appeals the district court's order granting relief to Defendants under Fed.R.Civ.P. 60(b) from orders incorporating the parties' settlement agreement and enforcing the settlement order. The district court granted the Defendants' Rule 60(b) motion on the grounds of mistake and impossibility, but nevertheless ordered Defendants to pay Cashner's attorney fees in the amount of $10,000. Cashner appeals the grant of the Defendants' Rule...

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