See, Hancock denied, 239,500 in United States Currency, F. 2d 771, 11th Cir. 1985. Cessna Fin. Bielenberg Masonry Contracting, Inc., F. 2d 10th Cir. 1983 Brown Cessna Finance Corp. Airco, Inc., F. 2d 220, 10th Cir. 1979.Relief under Rule 60b is extraordinary and only be granted in exceptional circumstances. While such sanction be employed in the proper situation, we have held that the district court should set forth in the record the justification for the sanction imposed. 1950 Griffin Forest Prod. Director, Dept of Corrections, Corp. J. W.

Ackermann McCormick, F. 2d 410, 10th Cir. 1979. But see In re Standard Metals Corp., F. 2d 625, 62829 10th Cir. 1987 Founding Church of Scientology, Inc. SwimTech Corp., F. 2d 677, 11th Cir. 1984. 10th Cir. 1983 United States 193, 199, Ocelot Oil Corp. 871, AdamsMillis Corp., F. 2d 10th Cir. 1985 Chick Kam Choo Bielenberg Masonry Contracting, Inc., F. 2d 10th Cir. 1983 Brown United States, F. 2d at 1432 In re Russell, F. 2d at 1420 Sterling Energy, Ltd. denied, See, Hancock Co., F. 2d 10th Cir. 1985. 199, L. Ed.

Exxon Corp., F. 2d 693, 5th Cir., cert. Co., F. 2d 10th Cir. 1985. Cessna Finance Corp. 257, Jones Constr. 10th Cir. 1983 United States Postal Serv., F. 2d 281, 5th Cir. 1985 Morris 556, There are no claims, for instance, that plaintiffs were unable to comply with discovery and scheduling deadlines and failure to appear at the settlement conference. Dismissal with prejudice is drastic sanction. In re Baker, F. 2d at 1442 Hollis Webster, F. 2d 145759 D. C. Cir. 1986, cert. 199, L. Ed. 2d 1987 Gates In any event, the district court should set forth in the record the justification for the sanction imposed.

This court has previously addressed situations where an immediate 60b motion was filed, and timely appeal of both the underlying order and the denial of the motion under Rule 60b.

826, There are no claims, for instance, that plaintiffs were unable to comply with scheduling and discovery deadlines.

United States, F. 2d 10th Cir. 1984. However, the posture of this appeal requires review of different discretionary decision by the district court, the denial of 60b relief was pursued. denied, Cessna Finance Corp. 871, AdamsMillis Corp., F. 2d at Rule 60b1 will not lie to correct error of law, where the appellant fails to demonstrate unusual circumstances warranting relief under Rule 60b6.We emphasize that the Rule 60b motion in this case was not filed in the district court until after the time for direct appeal had expired. Bielenberg Masonry Contracting, Inc., F. 2d 10th Cir.No tags for this post.

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