Concepcion Giove, Plaintiff-appellee, v. Cattle King Packing Co., D/b/a Cattle King, a Coloradocorporation; Gil Grable; Larry Andrews; Henrystanko, Defendants,rudy Stanko, Defendant-appellant, 5 F.3d 545 (10th Cir. 1993)

After examining the briefs and appellate record, this panel has determined unanimously that oral argument would not materially assist the determination of this appeal. See Fed. R. App. P. 34(a); 10th Cir. R. 34.1.9. The case is therefore ordered submitted without oral argument.

This appeal is from an order of the district court denying appellant Stanko's motion for relief from a default judgment. In that motion, Stanko argued that various statements and actions by plaintiff-appellee and her counsel perpetrated a fraud on the court, thereby justifying reopening the default judgment pursuant to Fed. R. Civ. P. 60(b) (6). The district court denied the motion, finding it untimely and concluding that the motion simply rehashed arguments previously raised and rejected.² 

We review the denial of a Rule 60 motion for an abuse of discretion. See Lyons v. Jefferson Bank & Trust, 994 F.2d 716, 727 (10th Cir. 1993). We agree with the district court that Stanko's present motion raises nothing new in substance to merit Rule 60 relief. We therefore find that the district court did not abuse its discretion and AFFIRM. The mandate shall issue forthwith.