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McMELLON v. U.S.

Civil Action No. 3:00-0582.

528 F.Supp.2d 611 (2007)

Carrie A. McMELLON, et al., Plaintiffs, v. UNITED STATES of America, et al., Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

April 2, 2007.

Attorney(s) appearing for the Case

Jay D. Patton, Todd M. Powers, Schroeder Maundrell Barbiere & Powers, Cincinnati, OH, Philip B. Hereford, Lutz Hereford & Riccardi, Charleston, WV, for Plaintiffs.

Stephen R. Campbell, U.S. Department of Justice, Torts Branch, Civil Division, Washington, DC, Stephen M. Horn, Charles T. Miller, U.S. Attorney's Office, Charleston, WV, for Defendants.

ORDER

JOSEPH R. GOODWIN, District Judge.

Pending before the court is the parties' joint motion for vacatur pursuant to Federal Rule of Civil Procedure 60(b)(6). For the following reasons, the motion is DENIED.

I. Background

The question before the court in this already-decided case is whether the published opinion and order, as well as the findings of fact and conclusions of law made at the conclusion of the bench...

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