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This Memorandum Opinion and Order addresses Defendant Troy V. Post’s motion for relief from a January 17, 1980 judgment, which awarded Plaintiff Donald Budge $455,041 for breach of contract. Post sought relief under Fed.R.Civ.P. 60(b)(5) or 60(b)(6), alleging newly discovered evidence that Budge had received funds from a Mexican bankruptcy settlement, which violated an assignment agreement within their 1978 contract. The Court found Post entitled to relief under Rule 60(b)(5), characterizing Budge’s receipt of funds as a setoff. The judgment was amended, reducing Budge's award by $26,080.73 to reflect the funds received.
Budge v. Post is a workers' compensation case decided in District Court, N.D. Texas. This case addresses legal issues related to compensation claims, benefits, and court rulings.
It is commonly referenced in legal research involving workers' compensation laws in District Court, N.D. Texas.
Full Decision Text1 Pages
This Memorandum Opinion and Order addresses Defendant Troy V. Post’s motion for relief from a January 17, 1980 judgment, which awarded Plaintiff Donald Budge $455,041 for breach of contract. Post sought relief under Fed.R.Civ.P. 60(b)(5) or 60(b)(6), alleging newly discovered evidence that Budge had received funds from a Mexican bankruptcy settlement, which violated an assignment agreement within their 1978 contract. The Court found Post entitled to relief under Rule 60(b)(5), characterizing Budge’s receipt of funds as a setoff. The judgment was amended, reducing Budge's award by $26,080.73 to reflect the funds received.
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