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A federal court in Kansas enabled confirmation of an arbitration award by setting aside a judgment of dismissal pursuant to Rule 60(b) of the Federal Rules of Civil Procedure.
In Trezvant v. Weston, No. 04-1246-JTM, 2007 WL 433071 (D. Kan. Feb. 7, 2007), Trezvant sued Weston over a contract dispute. The Court dismissed the action because the dispute was subject to arbitration.
Trezvant prevailed at arbitration and sought confirmation of the award. To enable the confirmation proceedings, Trezvant also moved to set aside the judgment of dismissal. The Court set aside the judgment of dismissal pursuant to Rule 60(b), reasoning that the need to confirm the arbitration award justified relief from the judgment.
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