David H. McDowell v. Tankinetics, Inc.

United States Court of Appeals
For the Eighth Circuit
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No. 12-4026
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David H. McDowell
lllllllllllllllllllll Plaintiff - Appellant
v.
Tankinetics, Inc.; William K. Angle; Strand Composite Engineering &
Construction, LLC; St. Clair P. Guess, III; Robert W. McManus; William F. Schwarz
lllllllllllllllllllll Defendants - Appellees
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Appeal from United States District Court
for the Western District of Missouri - Springfield
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Submitted: May 28, 2013
Filed: May 31, 2013
[Unpublished]
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Before MURPHY, SMITH, and COLLOTON, Circuit Judges.
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PER CURIAM.

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David McDowell appeals the district court’s1 denial of his Federal Rule of Civil
Procedure 60(b) motion following dismissal of his employment discrimination suit
based on lack of personal jurisdiction. We conclude that the district court did not
abuse its discretion in denying the motion, see Arnold v. Wood, 238 F.3d 992, 998
(8th Cir. 2001) (standard of review), because we agree with the court that McDowell
did not present exceptional circumstances warranting relief, see Harley v. Zoesch, 413
F.3d 866, 871 (8th Cir. 2005) (“Relief is available under Rule 60(b)(6) only where
exceptional circumstances have denied the moving party a full and fair opportunity
to litigate his claim and have prevented the moving party from receiving adequate
redress.”). Accordingly, we affirm. See 8th Cir. R. 47B.
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1The Honorable Richard E. Dorr, late a United States District Judge for the
Western District of Missouri.
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