Clarence J. Wilson v. Johns-Manville Sales Corp., Armstrong World Indus., Inc., 873 F.2d 869 (5th Cir. 1989). · Go Syfert
Clarence J. Wilson v. Johns-Manville Sales Corp., Armstrong World Indus., Inc., 873 F.2d 869 (5th Cir. 1989). Cases Citing This Book View Copy Cite
107 citation events (96 in the last 25 years) across 23 distinct courts.
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990 2008 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) First Service Bank v. Thomas Swarek
S.D. Miss. · 2026 · confidence medium
This narrow concept should “embrace only the species of fraud which does or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.” Wilson v. Johns- Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (quoting Kermit Med.
discussed Cited as authority (rule) Hiran Rodriguez v. Meta Platforms, Inc., ET AL.
E.D. La. · 2026 · confidence medium
This narrow concept should “embrace only the species of fraud which does or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.” Wilson v. Johns- Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (quoting Kerwit Medical Products, Inc. v. N & H Instruments, Inc., 616 F.2d 833, 837 (5th Cir. 1980) (quoting 7 Moore, Federal Practice ¶ 60.33 at 511 (1971 ed.)).
cited Cited as authority (rule) Anne Silverstein v. Helen Juanita Silverstein
E.D. La. · 2025 · confidence medium
Tex. July 24, 2017) (quoting Wilson v. Johns–Manville Sales Corp., 873 F.2d. 869, 872 (5th Cir. 1989)).
cited Cited as authority (rule) HAZLEHURST v. SECRETARY OF HEALTH AND HUMAN SERVICES
Fed. Cl. · 2025 · confidence medium
Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989).
cited Cited as authority (rule) NICHOLAS v. CAMUSO
D. Me. · 2025 · confidence medium
Id. at 8 (citing, e.g., United States v. Smiley, 553 F.3d 1137, 1145 (8th Cir. 2009); Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989)).
discussed Cited as authority (rule) LaVergne v. Louisiana State Penitentiary
M.D. La. · 2025 · confidence medium
First, since over five years passed between the entry of judgment and the filing of the Motion, the Motion was not filed within a “reasonable time.” Further, relief under Rule 60(b)(6) is unavailable because “[rJelief under subsection (6) is not available to a movant where...the relief sought would have been, if not for the Rule’s time limits, within the coverage of another of the subsections of the Rule.” See Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) Gnternal quotation marks and citations omitted).
discussed Cited as authority (rule) Looper v. Bondi (2×) also: Cited "see"
5th Cir. · 2025 · confidence medium
Regarding her allegations of fraud on the court, Looper did not, despite her contentions, present clear and convincing evidence, nor any evidence at all, to demonstrate that the defendants or the district court committed fraud on the court by engaging in egregious activity such as bribery, fabrication of evidence, or participation in a scheme to “defile the court.” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (internal quotation marks and citations omitted); see also Rozier v. Ford Motor Co., 573 F.2d 1332, 1338-39 (5th Cir. 1978); Fed.
discussed Cited as authority (rule) Pleasant v. Davis
S.D. Tex. · 2025 · confidence medium
Rule 60(b)(6) Although he also moves to vacate the judgment under the catch-all clause of Rule 60(b)(6), clause (b)(6) is only available if the relief sought “is not premised on one of the grounds for relief enumerated in clauses (b)(1) through (b)(5).” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (Sth Cir. 1989) (quoting Liljeberg v. Health Servs.
discussed Cited as authority (rule) Okorie v. Foxworth (2×)
S.D. Miss. · 2025 · confidence medium
Fraud on the Court “Fraud upon the court” is reserved for only the most egregious misconduct and requires a showing of ‘an unconscionable plan or scheme which is designated to improperly influence the court in its decision.’” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (quoting Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir. 1978).
cited Cited as authority (rule) Matthews v. Tidewater Crewing, Ltd
E.D. La. · 2025 · confidence medium
P. 60(c)(1). 51 Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (quoting Liljeberg v. Health Servs.
discussed Cited as authority (rule) In Re G.L., Juvenile (2×) also: Cited "see, e.g."
Vt. · 2024 · confidence medium
Indus., Inc., 862 F.3d 1157, 1172 (9th Cir. 2017) (explaining that fraud on the court must be shown through “willful deception rather than simply reckless disregard for the truth”); Herring v. United States, 424 F.3d 384, 386 (3d Cir. 2005) (requiring demonstration of “an intentional fraud” on the court); Robinson v. Audi Aktiengesellschaft, 56 F.3d 1259, 1267 (10th Cir. 1995) (rejecting suggestion that statements made with reckless disregard for truth can form basis of fraud on court and requiring showing of “intent to deceive or defraud”), cert. denied, 516 U.S. 1045 (1996); Wils…
discussed Cited as authority (rule) Bruce v. BP p.l.c.
E.D. La. · 2024 · confidence medium
Jan. 13, 2021) (quoting Wilson v. Johns–Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989)) 15 Jackson v. Thaler, 348 F. App'x 29, 34 (5th Cir. 2009) (quoting Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir.1978)).
discussed Cited as authority (rule) Lawrence v. Jefferson Parish Public Defenders
E.D. La. · 2023 · confidence medium
Jan. 13, 2021) (quoting Wilson v. Johns–Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989)) such as bribery of a judge or members of a jury, or the fabrication of evidence by a party in which an attorney is implicated, will constitute fraud on the court.””¢ Although Plaintiff recites a long, convoluted procedural history of the action in her motion, it is not clear what misconduct she argues occurred or by whom.’ Plaintiff describes no bribery, no fabrication of evidence, and no other egregious misconduct “perpetuated by officers of the court.” Plaintiffs allegations, therefo…
discussed Cited as authority (rule) Wilson v. Dabadie, Jr.
M.D. La. · 2023 · confidence medium
DICK UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA 10 See Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (internal quotation marks and citations omitted). 11 See R.
discussed Cited as authority (rule) Peucker v. Director, TDCJ-CID
N.D. Tex. · 2022 · confidence medium
Fraud under Rule 60(d)(3) also “‘embrace[s] . . . the species of fraud which does or attempts to[] defile the court itself.’” Id. (quoting Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989)).
cited Cited as authority (rule) Thomas v. Stafflink
5th Cir. · 2021 · confidence medium
Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 871 (5th Cir. 1989).
cited Cited as authority (rule) Candace Curtis v. Anita Brunsting
5th Cir. · 2021 · confidence medium
Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 871 (5th Cir. 1989).2 We will separately address those two subsections of Rule 60.
discussed Cited as authority (rule) In Re: Teon Maria, LLC
E.D. La. · 2021 · confidence medium
Fraud on the court is a “narrow concept” and “should embrace only the species of fraud which does or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner....” Wilson v. Johns–Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989). “[O]nly the most egregious misconduct, such as bribery of a judge or members of a jury, or the fabrication of evidence by a party in which an attorney is implicated, will constitute fraud on the court.” Jackson v. Thaler, 348 Fed.
cited Cited as authority (rule) Christopher Wooten v. Stan Parker
5th Cir. · 2020 · confidence medium
See Coleman v. Sweetin, 745 F.3d 756, 766 (5th Cir. 2014); Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 871 (5th Cir. 1989).
discussed Cited as authority (rule) Mark Travis O'Steen v. Esther Eileen O'Steen
Miss. Ct. App. · 2020 · confidence medium
In order to obtain relief based on fraud upon the court under Rule 60(b)(6), it must be shown that some sort of egregious misconduct was present, and a showing must be made as to the existence of “an unconscionable plan or scheme which is designed to improperly influence the court in its decision.” Id. at 477 (¶15) (quoting Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989)).
discussed Cited as authority (rule) v. Wells Fargo
Colo. Ct. App. · 2020 · confidence medium
The “mere nondisclosure to an 17 adverse party and to the court of facts pertinent to a controversy before the court does not add up to ‘fraud upon the court’ for purposes of vacating a judgment under Rule [60].” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (citation omitted); see also LinkCo, Inc. v. Naoyuki Akikusa, 367 F. App’x 180, 182-83 (2d Cir. 2010) (“Obstruction of discovery” indicates fraud on a single litigant, rather than fraud on the court.); Weese v. Schukman, 98 F.3d 542, 552-53 (10th Cir. 1996) (discovery violations do not constitute fra…
cited Cited as authority (rule) Carl Thymes v. Sans Chevaux Investments, LLC, et a
5th Cir. · 2020 · confidence medium
Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 871 (5th Cir. 1989).
cited Cited as authority (rule) Stephen Harry Dernick and David Dwight Dernick
Bankr. S.D. Tex. · 2019 · confidence medium
P. 60(b) advisory committee's note; Wilson v. Johns–Manville Sales Corp., 873 F.2d 869, 871 (5th Cir. 1989).
cited Cited as authority (rule) Clarence Shed v. Johnny Coleman Builders, Inc., et
5th Cir. · 2019 · confidence medium
“A district court’s denial of a Rule 60(b) motion will be reversed only for abuse of discretion.” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 871 (5th Cir. 1989).
discussed Cited as authority (rule) Annette Lall v. Bank of New York Mellon, et
5th Cir. · 2019 · confidence medium
Annette Lall claims only that the evidence was found in her late husband Len Lall’s belongings and was unknown to her as a result of a marital separation lasting from March 2008 to September 2009. 18 Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (quoting Kerwit Med.
discussed Cited as authority (rule) Davis v. Wal-Mart Stores Inc. (2×)
S.D. Miss. · 2019 · confidence medium
“Fraud upon the court” is reserved for only the most egregious misconduct and requires a showing of ‘an unconscionable plan or scheme which is designated to improperly influence the court in its decision.’” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (quoting Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir. 1978).
discussed Cited as authority (rule) Phillip Haskett v. Continental Land Resources
5th Cir. · 2019 · confidence medium
We review the denial of a Rule 60 motion for abuse of discretion. 1 See Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 871 (5th Cir. 1989) (per curiam) (citing Schauss v. Metals Depository Corp., 757 F.2d 649, 653 (5th Cir. 1985)).
discussed Cited as authority (rule) Othman v. City of Chicago
N.D. Ill. · 2019 · confidence medium
MILLER, FEDERAL PRACTICE & PROCEDURE § 2870 (1995); Wilson v. Johns-Mansville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989) (declining to grant plaintiffs’ 60(b) motion when defendants successfully used a “state of the art” defense in a products liability trial and plaintiffs later learned of studies, of which the defendants were aware, that undercut the defendants’ theory).
discussed Cited as authority (rule) Tai Preyor v. Lorie Davis, Director (2×)
5th Cir. · 2017 · confidence medium
Fraud under Rule 60(d)(3) “embrace[sj ... the species of fraud which does or attempts to[] defile the court itself.” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (quotation omitted).
discussed Cited as authority (rule) Cynthia Brown Stagner v. Steven Alexander Lewis
Miss. · 2016 · confidence medium
“Relief based on ‘fraud upon the court’ is reserved for only the most egregious misconduct, and requires a showing of ‘an unconscionable plan or scheme which is designed to improperly influence the court in its decision.’”13 Wilson v. Johns-Manville Sales Corp., 873 F. 2d 869, 872 (5th Cir. 1989) (quoting Rozier v. Ford Motor Co., 573 F. 2d 1332, 1338 (5th Cir. 1978)).
discussed Cited as authority (rule) Doe v. Smith
Miss. · 2016 · confidence medium
“Relief based on ‘fraud upon the court’ is reserved for only the most egregious misconduct, and requires a showing of ‘an unconscionable plan or scheme which is designed to improperly influence the court in its decision.’ ” 13 Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989) (quoting Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir.1978)).
cited Cited as authority (rule) Namer v. Scottsdale Insurance
E.D. La. · 2016 · confidence medium
Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 871 (5th Cir.1989) (quoting Fed.
cited Cited as authority (rule) United States v. Rolando Fernandez
5th Cir. · 2015 · confidence medium
McKay v. Novartis Pharmaceutical Corp., 751 F.3d 694 , 701 n. 5 (5th Cir.2014) (quoting Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989)); see also Pioneer Inv.
cited Cited as authority (rule) Shoemaker v. Estis Well Services, L.L.C.
E.D. La. · 2015 · confidence medium
Id. .Id. . 873 F.2d 869, 870-71 (5th Cir.1989). .
discussed Cited as authority (rule) Leta D. Collins v. Kenneth J. Collins
Miss. Ct. App. · 2015 · confidence medium
“Relief based on ‘fraud on the court’ is reserved for only the most egregious misconduct, and requires a showing of ‘an unconscionable plan or scheme which is designed to improperly influence the court in its decision.’ ” Id. at 477 (¶ 15) (quoting Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989)).
discussed Cited as authority (rule) In re Motors Liquidation Co.
Bankr. S.D.N.Y. · 2015 · confidence medium
See In re Tevis, 2014 Bankr.LEXIS 406, at *12, 2014 WL 345207 , at *4 (B.A.P. 9th Cir. Jan.' 30, 2014) ("Mere nondisclosure of evidence is typically not enough to constitute fraud on the court, and 'perjury by a party or witness, by itself, is not normally fraud on the court."); In re Andrada Fin., LLC, 2011 Bankr.LEXIS 1779, at *21, 2011 WL 3300983 , at *7 (B.A.P. 9th Cir. Apr. 7, 2011); In re Levander, 180 F.3d 1114, 1119 (9th Cir.1999); Simon v. Navon, 116 F.3d 1, 6 (1st Cir.1997); Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989); In re Mucci, 488 B.R. 186 , 193-94 & n…
cited Cited as authority (rule) Finch v. Finch
Miss. · 2014 · confidence medium
Trim, 33 So.3d at 477 -78 (quoting Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989) (quoting Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir.1978))).
cited Cited as authority (rule) Wayne Traywick v. Collection Technology, Inc., et
5th Cir. · 2012 · confidence medium
Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (citation omitted).
cited Cited as authority (rule) Fife v. NFN Hensley
5th Cir. · 2012 · confidence medium
Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989) (citation omitted).
cited Cited as authority (rule) Glenn Smith v. Diane Kukua
5th Cir. · 2012 · confidence medium
See Fed.R.CivP. 60(c)(1); Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 871-72 (5th Cir.1989).
discussed Cited as authority (rule) Miller v. Greenwich Capital Financial Products, Inc. (In Re American Business Financial Services, Inc.)
Bankr. D. Del. · 2012 · confidence medium
See, e.g., Shaw v. AAA Eng’g & Drafting, Inc., 138 Fed.Appx. 62, 72 (10th Cir.2005) (holding as a matter of law that failure to disclose does not rise to the level of egregious conduct necessary for a fraud on the court claim); Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989) (denying motion to vacate judgment because “mere non-disclosure to an adverse party and to the court of facts pertinent to a controversy before the court does not add up to ‘fraud on the court’ ” (quoting Kerwit Med.
discussed Cited as authority (rule) Parra v. Parra
Miss. Ct. App. · 2011 · confidence medium
“Relief based on ‘fraud upon the court’ is reserved for only the most egregious misconduct, and requires a showing of ‘an unconscionable plan or scheme which is designed to improperly influence the court in its decision.’ ” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989) (quoting Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir.1978)).
discussed Cited as authority (rule) Rosemary Finch v. Stewart Finch
Miss. · 2011 · confidence medium
Prods. v. N & H Instruments, Inc., 616 F.2d 833 , 836 n.8 (5th Cir. 1978)). 3 Trim, 33 So. 3d at 477 -78 (quoting Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (quoting Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir. 1978))). 20 opportunity to defend against it.
discussed Cited as authority (rule) Trim v. Trim
Miss. · 2010 · confidence medium
“Relief based on ‘fraud upon the court’ is reserved for only the most egregious misconduct, and requires a showing of ‘an unconscionable plan or scheme which is designed to improperly influence the court in its decision.’” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989) (quoting Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir.1978)).
discussed Cited as authority (rule) Derrick Jackson v. Rick Thaler, Director
5th Cir. · 2009 · confidence medium
Fraud under Rule 60(d)(3) “embraee[s] ... the species of fraud which does or attempts to[ ] defile the court itself.” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989) (quotation omitted).
discussed Cited as authority (rule) In Re Estate of Pearson
Miss. Ct. App. · 2009 · confidence medium
Relief "based on `fraud upon the court' is reserved for only the most egregious misconduct, and requires a showing of `an unconscionable plan or scheme which is designed to improperly influence the court in its decision.'" Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989). ¶ 17.
discussed Cited as authority (rule) Davis v. Stokes
Miss. Ct. App. · 2009 · confidence medium
Relief “based on ‘fraud upon the court’ is reserved for only the most egregious misconduct, and requires a showing of ‘an unconscionable plan or scheme which is designed to improperly influence the court in its decision.’ ” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir.1989). ¶ 17.
discussed Cited as authority (rule) George E. Trim v. Lisa Mosley Trim
Miss. · 2007 · confidence medium
“Relief based on ‘fraud upon the court’ is reserved for only the most egregious misconduct, and requires a showing of ‘an unconscionable plan or scheme which is designed to improperly influence the court in its decision.’” Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989) (quoting Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir.1978)).
cited Cited as authority (rule) Gaddis v. Union Pacific Railroad
5th Cir. · 2006 · confidence medium
R.Civ.P. 60(b); Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 872 (5th Cir. 1989).
cited Cited as authority (rule) Lowe v. Veliz (In Re Texas Bumper Exchange, Inc.)
Bankr. W.D. Tex. · 2005 · confidence medium
P. 60(b) advisory committee’s note; Wilson v. Johns-Manville Sales Corp., 873 F.2d 869, 871 (5th Cir.1989).
Retrieving the full opinion text from the archive…
Clarence J. WILSON, Plaintiff-Appellant,
v.
JOHNS-MANVILLE SALES CORP., Et Al., Defendants, Armstrong World Industries, Inc., Et Al., Defendants-Appellees
88-2798.
Court of Appeals for the Fifth Circuit.
Jul 11, 1989.
873 F.2d 869
Robert E. Ballard, Grant Kaiser, Abraham, Watkins, Nichols, Ballard, Onstad & Friend, Lawrence Madeksho, Houston, Tex., for plaitiff-appellant., Raymond Lyn Stevens, Robert S. Dag-gett, San Francisco, Cal., Weller, Wheelus & Green, Beaumont, Tex., for Fibreboard Corp., George T. Shipley, Richard L. Josephson, C. Edward Fowler, Bailey & Williams, Dallas, Tex., Fullbright & Jaworski, Houston, Tex., for Owens-Coming., Jeffrey B. McClure, Butler, Binion, Rice, Cook & Knapp, Houston, Tex., for Raybes-tos-Manhattan., John H. Boswell, Hallmark & Boswell, Houston, Tex., for Armstrong World Industries., George Shipley, Baker & Botts, Houston, Tex., for Owens-Illinois, Inc., Elizabeth M. Thompson, Butler & Binion, Houston, Tex., for Raymark Industries, Inc. and Celotex.
Clark, Rubin, Dayis.
Cited by 81 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 59%
Citer courts: Fifth Circuit (1)
PER CURIAM:

This appeal involves a consolidated products liability action brought by fifty plaintiffs against nine defendants. More than two years after a judgment was entered in favor of six of the defendants, and following an affirmance of that judgment by this court, plaintiffs filed a motion under Fed.R.Civ.P. 60(b) to set aside the judgment. The district court denied the motion as time-barred. We affirm.

I.

Fifty plaintiffs brought a products liability action against nine manufacturers of products containing asbestos. The district court ordered separate trials on the issues of liability and damages. During the jury trial on general liability, the defendants made a “state of the art” defense based on Borel v. Fibreboard Paper Products Corp., 493 F.2d 1076 (5th Cir.1973), cert. denied, 419 U.S. 869, 95 S.Ct. 127, 42 L.Ed.2d 107 (1978), arguing that they did not know of the dangers of asbestos prior to the 1960’s. The jury returned a take-nothing verdict against six of the defendants: Armstrong World Industries, Inc., Eagle-Picher Industries, Inc., Fibreboard Corp., Owens-Coming Fiberglass Corp., Owens-Illinois, Inc., and Standard Insulations, Inc. The jury found that the remaining three defendants (Celotex Corporation, Pittsburg Corning Corp., and Raymark Industries, Inc.) were potentially liable for product exposure only after August 1, 1966.

The district court retained jurisdiction as to the three remaining defendants to conduct further proceedings regarding individ[*871] ual damages. As to the six defendants exonerated from liability, the district court found that there was no just reason for delay and on August 27, 1985 directed the entry of final judgment as to those six defendants. This court affirmed the final judgment as to the six defendants in Wilson v. Johns-Manville Sales Corp., 810 F.2d 1358 (5th Cir.), cert. denied, - U.S. -, 108 S.Ct. 97, 98 L.Ed.2d 58 (1987).

More than two years after the district court entered judgment, the plaintiffs requested this court to set aside the prior judgment under Fed.R.Civ.P. 60(b) on grounds of fraud committed by the defendants. We transferred the motion to the district court, which denied the motion as barred by the one-year time limit incorporated in Rule 60(b)(3). The district court subsequently entered an order pursuant to Fed.R.Civ.P. 54(b) certifying that the denial of the Rule 60(b) motion was a final judgment. The plaintiffs appeal from the district court’s denial of the Rule 60(b) motion.

II.

Rule 60(b) provides a court may relieve a party from a final judgment, order, or proceeding. It does not afford relief from interim or interlocutory judgments.

The addition of the word “final” emphasizes the character of the judgment, orders or proceedings from which Rule 60(b) affords relief; and hence interlocutory judgments are not brought within the restrictions of the rule, but rather they are left subject to the complete power of the court rendering them to afford such relief from them as justice requires.

Fed.R.Civ.P. 60(b) advisory committee’s note.

The August 27, 1985 judgment to which the Rule 60(b) motion is addressed was final only as to six defendants. No judgment of any sort was entered with respect to the remaining three defendants. One of these three defendants, Raymark Industries, Inc., has advised this court that it is in bankruptcy proceedings. The jury verdict finding them potentially liable has not been completed by proceedings to set the amount of any damages. Accordingly, the plaintiffs’ Rule 60(b) motion and the district court’s denial of the motion must relate only to the final judgment with respect to the six defendants who were found not liable to plaintiffs. Although language does appear in plaintiffs’ motion and in the district court’s opinion and certificate with respect to the three remaining defendants, such language is beyond the scope of Rule 60(b). We treat it as surplusage. Our adjudication in the present appeal does not affect any of the three defendants as to which no final judgment was entered.

A district court’s denial of a Rule 60(b) motion will be reversed only for abuse of discretion. Schauss v. Metals Depository Corp., 757 F.2d 649 (5th Cir.1985). We find no abuse of discretion here.

In their Rule 60(b) motion, plaintiffs alleged that they were entitled to relief from the August 27, 1985 judgment because the defendants fraudulently concealed and misrepresented the fact that they knew of the hazards of asbestos as far back as the 1930’s. The district court properly noted that the plaintiffs’ motion must come under the auspices of either Fed.R.Civ.P. 60(b)(3) or 60(b)(6). Fed.R.Civ.P. 60(b) provides in pertinent part:

On motion and upon such terms as are just, the court may relieve a party or a party’s legal representative from a final judgment, order, or proceeding for the following reasons: ...
(3) fraud (whether heretofore denominated intrinsic or extrinsic), misrepresentation, or other misconduct of an adverse party; ... or (6) any other reason justifying relief from the operation of the judgment.
The motion shall be made within a reasonable time, and for reasons (1), (2), and (3) not more than one year after the judgment, order, or proceeding was entered or taken.... This rule does not limit the power of a court to ... set aside a judgment for fraud upon the court.

Under Rule 60(b)(3), plaintiffs’ motion is subject to the one-year time limit incorporated in the rule. The time runs from the date the district court entered final judg[*872] ment. Gulf Coast Building & Supply Co. v. Int'l. Bhd. of Electrical Workers, Local 480, AFL-CIO, 460 F.2d 106, 108 (6th Cir.1972). The district court entered a final judgment as to six defendants on August 27,1985, and the Rule 60(b) motion was not brought until more than two years later. The district court correctly concluded that the motion is time barred under Rule 60(b)(3).

The plaintiffs attempt to bring their motion under the residual clause of 60(b)(6). Plaintiffs cite Liljeberg v. Health Services Acquisition Corp., - U.S. -, 108 S.Ct. 2194, 100 L.Ed.2d 855 (1988) for the proposition that a Rule 60(b)(6) motion is timely if made “within a reasonable time.” Id. 108 S.Ct. at 2204. However, the Supreme Court’s complete statement reads that a Rule 60(b)(6) motion may be granted “provided that the motion is made within a reasonable time and is not premised on one of the grounds for relief enumerated in clauses (b)(1) through (b)(5).” Id. We have held that “Relief under subsection (6) is not available to a movant where ... the relief sought would have been, if not for

the Rule’s time limits, within the coverage of another of the subsections of the Rule.” Kerwit Medical Products, Inc. v. N & H Instruments, Inc., 616 F.2d 833, 836 n. 8 (5th Cir.1980). See also, William Skillings & Associates v. Cunard Transp. Ltd., 594 F.2d 1078 (5th Cir.1979). The district court correctly found that the plaintiffs’ motion came within the coverage of Rule 60(b)(3), and thus relief under Rule 60(b)(6) is unavailable to plaintiffs.

Plaintiffs attempt to characterize the defendants’ conduct as an “attack upon the judicial machinery” amounting to a fraud on the court. “Fraud upon the court” is grounds for relief under the savings clause of Rule 60(b) and is distinguishable from the “fraud ... misrepresentation, or other misconduct” under subsection (b)(3). Rozier v. Ford Motor Co., 573 F.2d 1332, 1338 (5th Cir.1978). However, 60(b) relief based on “fraud upon the court” is reserved for only the most egregious misconduct, and requires a showing of “an unconscionable plan or scheme which is designed to improperly influence the court in its decision.” Id. at 1338 (quoting England v. Doyle, 281 F.2d 304, 309 (9th Cir.1960)). The narrow concept should “embrace only the species of fraud which does or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases that are presented for adjudication.” Kerwit Medical Products, 616 F.2d at 837 (quoting 7 Moore, Federal Practice ¶ 60.33 at 511 (1971 ed.)). Less egregious misconduct comes within the scope of Rule 60(b)(3). Id.; Rozier v. Ford Motor Co., 573 F.2d at 1332.

The district court construed the plaintiffs’ allegations as follows:

In short, movants object to the defendants’ “state of the art” defense because of the existence of various studies and reports allegedly reporting the dangers of asbestos as far back as the 1930’s and because of the contrary position taken by some defendants in other lawsuits that the dangers of asbestos were known pri- or to the mid-1960s.

Plaintiffs did not object to this construction in the district court, but instead immediately filed their notice of appeal.

Such allegations do not rise to the level of “fraud on the court” necessary to obtain relief under the savings clause of Rule 60(b). “[T]he mere nondisclosure to an adverse party and to the court of facts pertinent to a controversy before the court does not add up to ‘fraud upon the court’ for purposes of vacating a judgment under Rule 60(b).” Kerwit Medical Products, 616 F.2d at 837. The district court correctly found that plaintiffs’ motion came under Rule 60(b)(3). As such, the plaintiffs’ motion is time barred.

Plaintiffs also assert that the district court should have held a hearing regarding the Rule 60(b) motion. However, a decision to hear oral testimony on motions is within the sound discretion of the district court. Gary W. v. Louisiana, 601 F.2d 240, 244 (5th Cir.1979). Here the district court liberally allowed the plaintiffs to supplement their Rule 60(b) motion to the ex[*873] tent that the plaintiffs’ total pleadings before the court consisted of the following: the original application with appendix and 34 exhibits, a reply of plaintiffs with 51 exhibits, and a supplemental reply with 41 exhibits. Considering the extensive pleadings and the failure of the plaintiffs to adequately indicate how a hearing would have aided the court’s determination, we find that the district court did not abuse its discretion in not holding a hearing. See Scutieri v. Paige, 808 F.2d 785, 795 (11th Cir.1987).

III.

The district court did not abuse its discretion in denying the plaintiffs’ Rule 60(b) motion. We pretermit any ruling on the effect, if any, this decision may have on future proceedings involving the three remaining defendants. The judgment of the district court is

AFFIRMED.