C. Dale Harman v. Esther Harman Pauley, Vera Harman Tomlinson, Margaret Benton Harman, Joann Harman, Gail Harman Williams, & Helen Harman Kidwell, 678 F.2d 479 (4th Cir. 1982). · Go Syfert
C. Dale Harman v. Esther Harman Pauley, Vera Harman Tomlinson, Margaret Benton Harman, Joann Harman, Gail Harman Williams, & Helen Harman Kidwell, 678 F.2d 479 (4th Cir. 1982). Cases Citing This Book View Copy Cite
63 citation events (19 in the last 25 years) across 23 distinct courts.
Strongest positive: McNeill v. Johnson (ncwd, 2021-08-13)
Treatment trajectory · 1983 → 2026 · click a year to view as-of
1983 2004 2026
Top citers, strongest first. 50 distinct citers.
discussed Cited as authority (rule) McNeill v. Johnson
W.D.N.C. · 2021 · confidence medium
The Fourth Circuit has held that, “when a settlement agreement has been breached two remedies are available – a suit to enforce the agreement or a Rule 60(b)(6) motion to vacate the prior dismissal.” Harman v. Pauley, 678 F.2d 479, 481 (4th Cir. 1982).
discussed Cited as authority (rule) Calco Crew and Workboats, L.L.C. v. Sunray Marketing, LLC
E.D. La. · 2021 · confidence medium
Aug., 5, 2008) (“Although no authority has been cited by plaintiff in support of his [motion to reopen case], the court shall liberally construe it as a Rule 60(b) motion for a relief from judgment.”). 34 Stipelcovich v. Sand Dollar Marine, Inc., 805 F.2d 599, 605 (5th Cir. 1986) (citing Harman v. Pauley, 678 F.2d 479, 481 (4th Cir. 1982); Warner v. Rossignol, 513 F.2d 678, 683 (1st Cir. 1975)). just, the court may relieve a party . . . from a final judgment, order, or proceeding for the following reasons: . . . any other reason that justifies relief.”35 The Fifth Circuit has made clear …
discussed Cited as authority (rule) Federated Towing & Recovery, LLC v. Praetorian Insurance
D.N.M. · 2012 · confidence medium
But see Sawka v. Healtheast, Inc., 989 F.2d 138, 140-141 (3d Cir.1993) (breach of settlement agreement insufficient reason to set dismissal aside on Rule 60(b)(6) grounds); Harman v. Pauley, 678 F.2d 479, 480-481 (4th Cir.1982) (Rule 60(b)(6) does not require vacating dismissal order whenever a settlement agreement has been breached).
discussed Cited as authority (rule) Ford Motor Company v. Mustangs Unlimited, Incorporated (2×)
6th Cir. · 2011 · confidence medium
The panel emphasized that circuit precedent holds that “a district court has a duty to vacate a prior order of dismissal when required in the interests of justice, not whenever a settlement agreement has been breached.” Id. at 470 (quoting Harman v. Pauley, 678 F.2d 479, 481 (4th Cir.1982)) (emphasis omitted).
discussed Cited as authority (rule) Texidor v. Supermercados Grande
D.P.R. · 2010 · confidence medium
See Kokkonen, 511 U.S. at 378, 114 S.Ct. 1673 (citing Keeling v. Sheet Metal Workers Int’l Assn., 937 F.2d 408, 410 (9th Cir.1991) (answering yes); Fairfax Countywide Citizens Assn. v. Fairfax County, 571 F.2d 1299 , 1302-1303 (4th Cir. 1978) (yes); Sawka v. Healtheast, Inc., 989 F.2d 138, 140-41 (3rd Cir.1993) (no); Harman v. Pauley, 678 F.2d 479, 480-81 (4th Cir.1982) (no)).
discussed Cited as authority (rule) Info-Hold, Inc. v. Sound Merchandising, Inc.
6th Cir. · 2008 · confidence medium
Rather, because Rule 60(b)(6) is intended to apply “in exceptional or extraordinary circumstances which are not addressed by the first five numbered clauses of the Rule,” Blue Diamond Coal Co., 249 F.3d at 524 (quoting Olle v. Henry & Wright Corp., 910 F.2d 357, 365 (6th Cir.1990)), a court may vacate a prior order of dismissal which was based upon a settlement agreement only “when required in the interests of justice, not whenever [the] settlement agreement has been breached.” Ford, 487 F.3d at 470 (quoting Harman v. Pauley, 678 F.2d 479, 481 (4th Cir.1982)) (emphasis altered).
discussed Cited as authority (rule) Info-Hold Incorporated v. Sound Merchandising Incorporat
6th Cir. · 2008 · confidence medium
Rather, because Rule 60(b)(6) is intended to apply “in exceptional or extraordinary circumstances which are not addressed by the first five numbered clauses of the Rule,” Blue Diamond Coal Co., 249 F.3d at 524 (quoting Olle v. Henry & Wright Corp., 910 F.2d 357, 365 (6th Cir. 1990)), a court may vacate a prior order of dismissal which was based upon a settlement agreement only “when required in the interests of justice, not whenever [the] settlement agreement has been breached.” Ford, 487 F.3d at 470 (quoting Harman v. Pauley, 678 F.2d 479, 481 (4th Cir. 1982)) (emphasis altered).
discussed Cited as authority (rule) Ford Mtr Co v. Mustangs Unlimited
6th Cir. · 2007 · confidence medium
Sawka v. Healtheast, Inc., 989 F.2d 138, 140-41 (3d Cir. 1993) (“Assuming arguendo that Healtheast breached the terms of the settlement agreement, that is no reason to set the judgment of dismissal aside, although it may give rise to a cause of action to enforce the agreement.”); Harman v. Pauley, 678 F.2d 479, 480-81 (4th Cir. 1982) (noting, in affirming a district court’s denial of a Rule 60(b)(6) motion, that “when a settlement agreement has been breached two remedies are1 available—a suit to enforce the agreement or a Rule 60(b)(6) motion to vacate the prior dismissal”).
discussed Cited as authority (rule) Ford Motor Company v. Mustangs Unlimited, Inc. (2×)
6th Cir. · 2007 · confidence medium
Sawka v. Healtheast, Inc., 989 F.2d 138 , 140 — 41 (3d Cir.1993) (“Assuming arguendo that Healtheast breached the terms of the settlement agreement, that is no reason to set the judgment of dismissal aside, although it may give rise to a cause of action to enforce the agreement.”); Harman v. Pauley, 678 F.2d 479, 480-81 (4th Cir.1982) (noting, in affirming a district court’s denial of a Rule 60(b)(6) motion, that “when a settlement agreement has been breached two remedies are available — a suit to enforce the agreement or a Rule 60(b)(6) motion to vacate the prior dismissal”). 1 …
discussed Cited as authority (rule) Puckrein v. Jenkins
D.C. · 2005 · confidence medium
See, e.g., Sawka v. Healtheast, Inc., 989 F.2d 138, 140-41 (3d Cir.1993) (relief under Rule 60(b)(6) is available only in extraordinary circumstances; therefore, the availability of a cause of action to enforce the judgment precludes its application); Harman v. Pauley, 678 F.2d 479, 480-82 (4th Cir.1982) (holding that the interest of justice does not require reopening a dismissed case under Rule 60(b)(6) where an action to enforce the settlement is available). 14 .
cited Cited as authority (rule) Amantiad v. Odum
Haw. · 1999 · confidence medium
Hinsdale, 823 F.2d at 996 ; McCall-Bey, 777 F.2d at 1186; Harman v. Pauley, 678 F.2d 479, 481 (4th Cir.1982); Kelly v. Greer, 334 F.2d 434, 436-37 (3d Cir.1964).
cited Cited as authority (rule) Jackson v. Refined Sugars, Inc.
S.D.N.Y. · 1998 · confidence medium
The Rule gives the Court such authority to accomplish justice and leaves such determinations to its discretion.” Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982).
discussed Cited as authority (rule) Board of Trustees of the Hotel and Restaurant Employees Local 25 and Employers' Health and Welfare Fund v. The Madison Hotel, Inc.
D.C. Cir. · 1996 · confidence medium
See, e.g., Sawka v. Healtheast, Inc., 989 F.2d 138, 140-41 (3d Cir.1993) (breach of settlement agreement insufficient reason to set aside dismissal on Rule 60(b)(6) grounds); Harman v. Pauley, 678 F.2d 479, 480-81 (4th Cir.1982) (Rule 60(b)(6) does not require vacating dismissal order whenever a settlement agreement has been breached).
discussed Cited as authority (rule) Trade Arbed, Inc. v. African Express MV
E.D. La. · 1996 · confidence medium
But see Sawka v. Healtheast, Inc., 989 F.2d 138, 140-41 (3d Cir.1993) (breach of settlement agreement not sufficient reason to set dismissal aside on Rule 60(b)(6) grounds); Harman v. Pauley, 678 F.2d 479, 480-81 (4th Cir.1982) (Rule 60(b)(6) does not require vacating dismissal order whenever a settlement agreement has been breached).
discussed Cited as authority (rule) Kokkonen v. Guardian Life Insurance Co. of America
SCOTUS · 1994 · confidence medium
But see Sawka v. Healtheast, Inc., 989 F. 2d 138, 140-141 (CA3 1993) (breach of settlement agreement insufficient reason to set dismissal aside on Rule 60(b)(6) grounds); Harman v. Pauley, 678 F. 2d 479, 480-481 (CA4 1982) (Rule 60(b)(6) does not require vacating dismissal order whenever a settlement agreement has been breached).
cited Cited as authority (rule) Gilmartin v. Abastillas
Haw. App. · 1994 · confidence medium
Hinsdale, 823 F.2d at 996 ; McCall-Bey, 777 F.2d at 1186; Harman v. Pauley, 678 F.2d 479, 481 (4th Cir. 1982); Kelly v. Greer, 334 F.2d 434, 436-37 (3d Cir. 1964).
discussed Cited as authority (rule) Socialist Republic of Romania v. Wildenstein & Co.
S.D.N.Y. · 1993 · confidence medium
In evaluating the propriety of a Rule 60(b)(6) motion, a district court must “balance[ ] the interest of granting [the] motion to accomplish justice against the interest of finality of litigation.” Harman v. Pauley, 678 F.2d 479, 481 (4th Cir. 1982).
cited Cited as authority (rule) In Re John Rodgers Burnley
4th Cir. · 1993 · confidence medium
Browder, 434 U.s. at 263 n. 7, 98 5.Ct. at 560 n. 7; Sanders, 862 F.2d at 169 ; Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982).
discussed Cited as authority (rule) Guinness Plc Guinness America, Incorporated v. Thomas Joseph Ward, (Two Cases)
4th Cir. · 1992 · confidence medium
See also Fairfax Countywide Citizens v. Fairfax County, 571 F.2d 1299 , 1305 (4th Cir.), cert. denied, 439 U.S. 1047 , 99 S.Ct. 722 , 58 L.Ed.2d 706 (1978); Harman v. Pauley, 678 F.2d 479, 481 (4th Cir.1982); United States v. American Nat.
cited Cited as authority (rule) United States v. Anilon Philipe, A/K/A Jean Pierre Edwin
4th Cir. · 1991 · confidence medium
Inc., 769 F.2d 952, 954 (4th Cir.1985) (citing Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982)).
discussed Cited as authority (rule) Nited States of America v. Robert E. Bailes
4th Cir. · 1991 · confidence medium
We therefore review for abuse of discretion, Transportation, Inc. v. Mayflower Serv., 769 F.2d 952, 954 (4th Cir.1985) (citing Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982)), and affirm the district court's order. 2 In May 1975, Bailes pled nolo contendere to two counts of bank fraud and two counts of income tax evasion.
cited Cited as authority (rule) United States v. Robert Eugene Bailes
4th Cir. · 1991 · confidence medium
Transportation, Inc. v. Mayflower Services, 769 F.2d 952, 954 (4th Cir.1985) (citing Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982)).
discussed Cited as authority (rule) United States v. Harbour
1st Cir. · 1991 · confidence medium
Transportation, Inc. v. Mayflower Services, 769 F.2d 952, 954 (4th Cir.1985) (citing Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982)). 6 Harbour failed to present any justification for relief from the default order in the district court. 2 Accordingly, although we grant leave to proceed in forma pauperis, we find that the district court did not abuse its discretion in refusing to reconsider its order.
cited Cited as authority (rule) Marvel v. Cavanaugh
4th Cir. · 1990 · confidence medium
Transportation, Inc. v. Mayflower Services, 769 F.2d 952, 954 (4th Cir.1985) (citing Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982)).
cited Cited as authority (rule) Oster v. Sullivan
4th Cir. · 1990 · confidence medium
Harman v. Pauley, 678 F.2d 479, 480-81 (4th Cir.1982).
discussed Cited as authority (rule) In Re Freddie Taylor
4th Cir. · 1989 · confidence medium
Ackerman v. United States, 340 U.S. 193, 199-200 (1950); Werner v. Carbo, 731 F.2d 204, 206-07 (4th Cir.1984); Harman v. Pauley, 678 F.2d 479, 480-81 (4th Cir.1982). 3 We grant leave to proceed in forma pauperis and deny Taylor's petition for writ of mandamus.
cited Cited as authority (rule) United States v. Eugene Fields, A/K/A Verlin Scott
4th Cir. · 1989 · confidence medium
Transportation, Inc. v. Mayflower Services, 769 F.2d 952, 954 (4th Cir.1985) (citing Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982)).
cited Cited as authority (rule) Anthony M. Laurenco v. Otis R. Bowen, Secretary, Department of Health and Human Services, Defendant
4th Cir. · 1989 · confidence medium
Transportation, Inc. v. Mayflower Services, 769 F.2d 952, 954 (4th Cir.1985) (citing Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982)).
cited Cited as authority (rule) Bruce L. Helmich v. Mark L. Waple F. Stuart Clarke H. Terry Hutchens
4th Cir. · 1988 · confidence medium
Harman v. Pauley, 678 F.2d 479, 480-81 (4th Cir.1982). 5 A Rule 60(b) motion will only be granted if the movant shows exceptional circumstances.
cited Cited as authority (rule) Pelzer v. Gemco Ware Inc.
4th Cir. · 1988 · confidence medium
Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982).
cited Cited as authority (rule) George Joyner v. David A. Garraghty, Warden Mary Sue Terry, Attorney General
4th Cir. · 1988 · confidence medium
Transportation, Inc. v. Mayflower Services, 769 F.2d 952, 954 (4th Cir.1985) (citing Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982)).
cited Cited as authority (rule) Burgess v. Equilink Corp.
4th Cir. · 1987 · confidence medium
See Transportation, Inc. v. Mayflower Services, Inc., 769 F.2d 952, 954 (4th Cir.1985); Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982).
discussed Cited as authority (rule) Tim Cheng-Chien Chang v. John Wesley Burford
4th Cir. · 1986 · confidence medium
The standard of review for denial of such a motion is abuse of discretion, Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982); Brock v. Executive Towers, Inc., No. 85-1815, slip op. at 2, n. 2 (4th Cir. June 4, 1986) (per curiam), which is the same standard of review for dismissal of an action for failure to comply with a discovery order.
cited Cited as authority (rule) Sudeikis v. Chicago Transit Authority
7th Cir. · 1985 · confidence medium
See Vincent v. Reynolds Memorial Hospital, Inc., 728 F.2d 250, 251 (4th Cir.1984); Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982).
cited Cited as authority (rule) Sudeikis v. Chicago Transit Authority
7th Cir. · 1985 · confidence medium
See Vincent v. Reynolds Memorial Hospital, Inc., 728 F.2d 250, 251 (4th Cir.1984); Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982).
cited Cited as authority (rule) Transportation, Inc. v. Mayflower Services, Inc., and Shahbaz Hussain
4th Cir. · 1985 · confidence medium
Harmon v. Pauley, 678 F.2d 479, 480 (4th Cir.1982).
cited Cited as authority (rule) Industrial Associates, Inc. v. Goff Corp.
E.D. Wis. · 1985 · confidence medium
Harman v. Pauley, 678 F.2d 479, 481 (4th Cir.1982).
discussed Cited as authority (rule) United States v. American National Bank & Trust Company of Chicago
N.D. Ill. · 1984 · confidence medium
Nonetheless courts have generally have not read Rule 60(b) so strictly, instead citing its broad language (especially that of Rule 60(b)(6)) as giving the District Court “authority to accomplish justice” (Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982)), subject only to reversal for abuse of discretion (id.; Ervin v. Wilkinson, 701 F.2d 59, 60-61 (7th Cir.1983)).
discussed Cited as authority (rule) Lloyd v. Carnation Co.
M.D.N.C. · 1984 · confidence medium
Harman v. Pauley, 678 F.2d 479, 481 (4th Cir.1982); Great Coastal Express, Inc. v. Teamsters, 675 F.2d 1349 , 1354-55 (4th Cir.1982), ce rt. denied, 459 U.S. 1128 , 103 S.Ct. 764 , 74 L.Ed.2d 978 (1983); United States v. Moradi, 673 F.2d 725, 727-28 (4th Cir.1982); Square Construction Co. v. WMA-TA, 657 F.2d 68 (4th Cir.1981); Compton v. Alton Steamship Co., 608 F.2d 96, 102 (4th Cir.1979).
discussed Cited as authority (rule) Alfred J. Vincent, M.D. v. Reynolds Memorial Hospital, Inc., Andrew J. Barger, M.D., Kenneth J. Allen, M.D., Norman E. Wood, D.O. (2×) also: Cited "see"
4th Cir. · 1984 · confidence medium
Harman v. Pauley, 678 F.2d 479, 480 (4th Cir.1982).
cited Cited "see" Constellation NewEnergy, Inc. v. Om Vegetable Inc.
D. Maryland · 2022 · signal: see · confidence high
See Harman v. Pauley, 678 F.2d 479 , 481–82 (4th Cir. 1982); Trs., Painters’ Trust Fd. of Washington, D.C. v. Clabbers, Civ.
discussed Cited "see" Norman v. Skelly
D. Maryland · 2020 · signal: see · confidence high
See Harman v. Pauley, 678 F.2d 479, 481 (4th Cir.1982) (“[W]hen a settlement agreement has been breached two remedies are available—a suit to enforce the agreement or a Rule 60(b)(6) motion to vacate the prior dismissal.”); see also Fairfax Countywide Citizens Ass’n v. Fairfax Cty., 571 F2d. at 1299, 1303 (4th Cir. 1978); Aikens v. Ingram, 652 F.3d 496, 500 (4th Cir. 2011); Best v. Barbarotta, 2018 WL 3970886 , at *4 (E.D.N.Y.
cited Cited "see" In Re Coffman
Bankr. N.D. Tex. · 2002 · signal: see · confidence high
See Harman v. Pauley, 678 F.2d 479, 481 (4th Cir.1982).
cited Cited "see" Manuel Pires, Individually and as Guardian Ad Litem for Matthew Pires, Infant Child Fern Pires, His Wife v. Paul Nelson David Pryor
4th Cir. · 1987 · signal: see · confidence high
See Transportation, Inc. v. Mayflower Services, 769 F.2d 952, 954 (4th Cir. 1985) (citing Harman v. Pauley, 678 F.2d 479, 480 (4th Cir. 1982)).
cited Cited "see" Kathey Marchand Stipelcovich, Individually and as Personal Representative of the Deceased Noel F. Stipelcovich v. Sand Dollar Marine, Inc.
5th Cir. · 1986 · signal: see · confidence high
See Harman v. Pauley, 678 F.2d 479, 481 (4th Cir.1982); Warner v. Rossignol, 513 F.2d 678, 683 (1st Cir.1975).
cited Cited "see" Edward A. Ganey v. Ralph D. Edwards Walter L. Kautzky Sam P. Garrison Charles E. Smith Daniel G. Durham
4th Cir. · 1986 · signal: see · confidence high
See Harman v. Pauley, 678 F.2d 479 (4th Cir.1982). 3 The order of the district court is affirmed.
cited Cited "see" Brock v. Executive Towers, Inc.
4th Cir. · 1986 · signal: see · confidence high
See Harman v. Pauley, 678 F.2d 479 (4th Cir.1982).
cited Cited "see" Brock v. Executive Towers, Inc.
4th Cir. · 1986 · signal: see · confidence high
See Harman v. Pauley, 678 F.2d 479 (4th Cir.1982).
discussed Cited "see, e.g." McIntyre v. Cooley, Shrair, P.C.
Mass. Dist. Ct., App. Div. · 2000 · signal: see also · confidence low
See also Harman v. Pauley, 678 F.2d 479 (4th Cir. 1982) (where settlement agreement has been reached and then one party repudiates the agreement, court in its discretion may vacate prior dismissal or aggrieved party may bring suit to enforce the agreement).
discussed Cited "see, e.g." Empresa Eléctrica Del Ecuador, Inc. v. Republic of Ecuador
D.D.C. · 2000 · signal: see, e.g. · confidence medium
See, e.g., Harman v. Pauley, 678 F.2d 479, 481-82 (4th Cir.1982) (“Harman could obtain the same relief sought by way of his Rule 60(b)(6) motion through the lawsuit against Pauley which he has already filed”); cf. Sawka, 989 F.2d 138 at 140-41 (non-breaching party had no remedy under Rule 60(b)(6) but could file a separate action for breach of the settlement agreement).
C. Dale HARMAN, Appellant,
v.
Esther Harman PAULEY, Vera Harman Tomlinson, Margaret Benton Harman, Joann Harman, Gail Harman Williams, and Helen Harman Kidwell, Appellees
81-1370.
Court of Appeals for the Fourth Circuit.
Jan 19, 1982.
678 F.2d 479
Arthur P. Strickland, Roanoke, Va. (Mun-dy & Strickland, Roanoke, Va., Edward M. Payne, III, Beckley, W. Va., on brief), for appellant., Jerry K. Jebo, Radford, Va. (Jebo & Ro-senthal, Radford, Va., on brief), for appel-lee.
Murnaghan, Sprouse, Ervin.
Cited by 53 opinions  |  Published
1 passage pin-cited by 1 case
Pinpoint authority: bottom 60%
Citer courts: West Virginia Supreme Court (1)
ERVIN, Circuit Judge:

This is an appeal from the district court’s refusal to vacate its final judgment under F.R.Civ.P. 60(b)(6) for violation of a settlement agreement. Because we believe the district court did not abuse its discretion, we affirm that court’s order denying the Rule 60(b)(6) motion.

I.

On July 15,1977, Dale Harman, a practicing attorney, filed suit in federal court against Esther Harman Pauley and five of his other cousins alleging that they had individually and as part of a conspiracy sought to injure his reputation by falsely accusing him of fraud, conversion, and breach of fiduciary duties. Dale Harman further alleged that the defendants had initiated a suit against him in the name of their aunt, Perle T. Harman, while she was mentally and physically incapacitated, in which they falsely alleged that he had fraudulently procured certain coal stocks and personalty from Perle T. Harman. After limited discovery, the parties entered into a “Release in Full and Covenant Not to Sue.” The release stated that both parties would dismiss their pending lawsuits and not reinstate their suits or prosecute any other suit against the other party arising out of the transactions in question. It included a release from claims related to and arising from the prior transfer to Dale Har-man of certain stock in three named coal companies, “together with certain personal property given by Perle T. Harman” to Dale Harman. The release also provided for attorneys fees and expenses to be awarded if necessary to enforce the agreement. On March 10, 1978, the court dismissed Harman’s suit with prejudice based on this agreement.

In the spring of 1979 Harman filed a claim with the Commissioner of Accounts in Mercer County, West Virginia, to recover stocks and personal property which apparently were part of the settlement agreement, but which had remained part of Perle T. Harman’s estate. Upon receiving notice from the Commissioner, Esther H. Pauley submitted a claim to the personal property that Harman had claimed. Alleging that Esther H. Pauley was violating the settlement agreement by attempting to obtain the same personal property referred to in the settlement agreement, Harman moved the district court pursuant to F.R.Civ.P. 60(b)(6) to vacate the March 10, 1978 order so that he could proceed to enforce the agreement. Pauley filed a response in opposition asserting, inter alia, that she had not violated the settlement agreement, that if there had been a violation Harman’s remedy was a separate action to enforce the agreement, and that the other defendants in the suit had not received notice of his Rule 60(b)(6) motion.

At that time, Harman had in fact filed a separate action against Pauley individually alleging that she had breached the settlement agreement by attempting to claim the personalty referred to in the settlement agreement, and making other allegations not relevant here. That action is still pending in federal court.

After considering arguments from both sides, the district court denied Harman’s motion to vacate its prior order. It is from this ruling that Harman appeals.

II.

F.R.Civ.P. 60(b)(6) allows a district court to vacate its own final judgment “for any other reason obviously justifying relief from the operation of the judgment.” The rule gives the court such authority to accomplish justice and leaves such determinations to its discretion. We must affirm the district court, therefore, unless we find that the court abused its discretion. See C. Wright and A. Miller, Federal Practice and Procedure § 2864 (1973).

[*481] Basically, Harman contends that the district court abused its discretion because it “has a duty to vacate its dismissal order when settlement terms are violated.” This court, however, has stated clearly that when a settlement agreement has been breached two remedies are available — a suit to enforce the agreement or a Rule 60(b)(6) motion to vacate the prior dismissal. Fairfax Countywide Citizens Assoc. v. County of Fairfax, 571 F.2d 1299 (4th Cir. 1978). In this case, Harman seeks to pursue both avenues.

Harman does cite authority holding that when one party repudiates a settlement agreement, the district court has a duty to vacate its prior judgment under Rule 60(b)(6) and proceed to enforce the agreement when justice requires. In Aro Corp. v. Allied Witan Co., 531 F.2d 1368 (6th Cir. 1976), two companies had settled a claim of patent infringement and a counterclaim through the issuance of a license. The suit was dismissed voluntarily, but when the licensee subsequently refused to make royalty payments, the licensor moved to have the district court vacate its order of dismissal and enjoin the licensee from future nonpayment. The district court granted the motion. The sixth circuit, in affirming the district court, stated that “the court below had not only the inherent power but, when required in the interests of justice, the duty to enforce the agreement which had settled the dispute pending before it.” Id. at 1371.

Harman appears to misread the dictum in Aro. The sixth circuit clearly states in that case that a district court has a duty to vacate a prior order of dismissal when required in the interests of justice, not whenever a settlement agreement has been breached. Aro, therefore, simply stands for the general rule that when considering a Rule 60(b)(6) motion, the trial judge should use his discretion to determine if the granting of such motion would further justice. [1]

In denying Harman’s motion, the district court pointed to the following facts:

1) that Harman alleges breach of the agreement by only one of the defendants in the suit that was dismissed;
2) that Harman has already filed another lawsuit against Esther Pauley individually seeking, inter alia, the same relief he seeks by way of the Rule 60(b)(6) motion;
3) that the settlement was fair and equitable; and
4) that Harman is an attorney and understood the dismissal of his previous case with prejudice.

Under these circumstances the district court balanced the interest of granting a Rule 60(b)(6) motion to accomplish justice against the interest of finality of litigation. Largely because Harman could obtain the same relief sought by way of his Rule 60(b)(6) motion through the lawsuit against Pauley which he has already filed, the district court concluded that Harman’s rights would not be prejudiced by denial of his motion. Thus, the court specifically found that “An Action to enforce the settlement of the earlier suits is more appropriate here than an attempt to re-open the dismissed suits.” [2]

We agree with the district court that under these circumstances the interests[*482] of justice do not require vacation of its dismissal order. The relief Harman seeks is the same he is pursuing in his separate pending action against Esther Pauley individually. We see no reason to reopen the earlier suit in which five other defendants are named when Harman alleges violation of the settlement agreement by Pauley alone and when all remedies available to him through a Rule 60(b)(6) reinstatement are available to him in his separate action. Although Harman asserts that his suit against Pauley individually contains allegations in addition to breach of the settlement agreement, he has failed to state any reason why he cannot obtain all relief to which he is entitled in that suit. [3]

The order of the district court, therefore, is

AFFIRMED.

1

. Harman likewise reads too broadly the other two cases he cites. In Kelly v. Greer, 334 F.2d 434 (3d Cir. 1964), the third circuit reversed a district court’s decision that it did not have jurisdiction to vacate its previous dismissal order and enforce the settlement agreement that allegedly had been breached. In holding that the district court had such jurisdiction, the court focused on the court’s authority to grant the Rule 60(b)(6) motion, not whether the decision to exercise or not to exercise such authority would be an abuse of the trial judge’s discretion. At no point did the third circuit hold that in these situations the court has a duty to grant the Rule 60(b)(6) motion. The last case on which Harman relies, McGoff v. Rapone, 78 F.R.D. 8 (E.D.Pa.1978), simply quotes the language of Aro discussed above and endorses the sixth circuit’s position. The cases Harman cites, therefore, simply do not support the broad rule he urges this court to adopt.

2

. The court also noted that it would not have jurisdiction to enforce a settlement agreement unless the agreement was approved or read into the order of dismissal, or unless there exists some independent basis for jurisdiction at the time of enforcement. Fairfax Countywide Citizens v. Fairfax County, 571 F.2d 1299, 1303 (4th Cir. 1978). Since the court clearly[*482] had jurisdiction to consider whether to vacate its prior dismissal, see id. at 1302-03, and did not abuse its discretion in refusing to vacate its order, it is not necessary to reach the question whether the court would have had jurisdiction to enforce the settlement agreement in this case.

3

. Pauley has requested that she be awarded costs and attorneys fees according to Rule 38 and 39 of the Federal Rules of Appellate Procedure. Because the judgment is affirmed, costs, which are normally taxed against the appellant under Rule 39, will, accordingly, be taxed to Harman. This court, however, does not find that the appeal was frivolous and, therefore, declines to award delay damages or costs pursuant to Rule 38. Any attorneys fees recoverable for violation of the settlement agreement may be awarded at the appropriate time.