United States Court of Appeals FOR THE EIGHTH CIRCUIT ___________

No. 00-2371 ___________

Deborah Markham; Michael Rossini, * * Appellants, * * Appeal from the United States v. * District Court for the * Eastern District of Missouri. Maryland Heights Police Department; * Neil Kurlander; Mike Kloss; Steve * Osterloh, * * Appellees. * ___________

Submitted: August 2, 2000 Filed: August 31, 2000 ___________

Before RICHARD S. ARNOLD, HANSEN, and BYE, Circuit Judges. ___________

PER CURIAM.

Deborah Markham and Michael Rossini appeal the district court’s1 denial of their Federal Rule of Civil Procedure 60(b) motion. We conclude that the court did not abuse its discretion in denying their motion, because it was untimely--alleging an error that could have been presented in a timely appeal, but having been filed more than

1 The Honorable Carol E. Jackson, United States District Judge for the Eastern District of Missouri. thirty days after entry of judgment--and because it failed to present new arguments. See Sanders v. Clemco Indus., 862 F.2d 161, 169 (8th Cir. 1988).

Accordingly, we affirm the judgment of the district court. See 8th Cir. R. 47A(a).

A true copy.

Attest:

CLERK, U.S. COURT OF APPEALS, EIGHTH CIRCUIT.

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