A federal appeals court has rejected an appeal by a team of lawyers from Drinker Biddle & Reath who argued that recently declassified documents proved that military officials "lied" to the courts to hide documents in a 1949 lawsuit brought by three widows of civilian engineers who died in the crash of a B-29 bomber.
The decision in Herring v. United States announces an extremely difficult test for proving a "fraud upon the court."
Writing for a unanimous three-judge panel, Senior 3rd Circuit Judge Ruggero J. Aldisert found that "the concept of fraud upon the court challenges the very principle upon which our judicial system is based: the finality of a judgment."
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