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DeWeerth v. Baldinger

United States Court of Appeals for the Second Circuit

38 F.3d 1266 (1994)

Relevant factsFree

After the Second Circuit ruled against DeWeerth (plaintiff) in her suit against Baldinger (defendant) over a stolen Monet painting, New York's highest court later held in a different case that the applicable statute of limitations did not require a showing of reasonable diligence in locating stolen property — directly contrary to the diligence requirement the Second Circuit had applied to DeWeerth's own case; DeWeerth moved under Rule 60(b)(5) and (b)(6) for relief from the prior judgment, and the district court granted relief and ordered the painting returned.

IssueFree

Whether a federal court may overturn a previous federal-court ruling on the grounds that a state court created new precedent that would have led to a different result in the present case.

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