Ackermann v. United States, 340 U.S. 193 (1950)

Ackermann v. United States

No. 35

Argued October 19, 1950
Decided December 11, 1950 *
340 U.S. 193

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE FIFTH CIRCUIT

Syllabus

In proceedings against petitioner, his wife, and a relative, the District Court in 1943 entered judgments canceling their certificates of naturalization on grounds of fraud. Petitioner and his wife did not appeal, but the relative appealed, and the judgment against him was reversed. More than four years after rendition of the judgment against petitioner, he filed in the District Court a motion to set aside the denaturalization judgment under amended Rule 60(b) of the Federal Rules of Civil Procedure. He alleged that the denaturalization judgment was erroneous; that he did not appeal because his attorney advised him that he would have to sell his home to pay costs, and that a federal officer, in whose custody he and his wife then were and in whom he had confidence, had told him "to hang on to their home," and he would be released at the end of the war.

Held: the District Court properly denied the motion. Pp. 194-202.

1. Relief on the ground of "excusable neglect" was not available to petitioner under Rule 60(b)(1), since, by the Rule’s terms, a motion for relief on this ground must be made not more than one year after the judgment is entered, whereas, in this case, the judgment was entered more than four years previously. P. 197.

2. The allegations of the motion did not bring petitioner within Rule 60(b)(6), which applies if "any other reason justifying relief" exists. Pp. 197-199.

3. Klapprott v. United States, 335 U.S. 601, distinguished. Pp. 199-202.

178 F.2d 983, 179 F.2d 236, affirmed.

The District Court denied petitioners’ motions to set aside judgments canceling their certificates of naturalization. The Court of Appeals affirmed. 178 F.2d 983, 179 F.2d 236. This Court granted certiorari. 339 U.S. 962. Affirmed, p. 202.