What is the test for appeal from a denial of a Rule 60(b) motion?
MultiRegion, United States of America
The following excerpt is from U.S. v. Cirami, 563 F.2d 26 (2nd Cir. 1977):
The argument that their cause has merit is plausible but is not determinative. It is well established that an appeal from the denial of a Rule 60(b) motion "brings up only the denial of the motion and not the (merits of the underlying) judgment itself." Wagner v. United States, 316 F.2d 871, 872 (2d Cir. 1963).
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