What is the test for determining whether a judgment is valid under Rule of Civil Procedure 60(b)(4)?

MultiRegion, United States of America

The following excerpt is from Crawford v. Honig, 37 F.3d 485 (9th Cir. 1995):

We review de novo the district court's decision to set aside its 1986 judgment as void under Federal Rule of Civil Procedure 60(b)(4) because "the question of the validity of a judgment is a legal one." Retail Clerks Union Joint Pension Trust v. Freedom Food Center, 938 F.2d 136, 137 (9th Cir.1991). 1 We also review de novo the district court's summary judgment. Kruso v. International Tel. & Tel. Corp., 872 F.2d 1416, 1421 (9th Cir.1989), cert. denied, 496 U.S. 937, 110 S.Ct. 3217, 110 L.Ed.2d 664 (1990).

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