The following excerpt is from Am. Iron Workers v. N. Am. Construction Corp., 248 F.3d 892 (9th Cir. 2001):
motion to alter or amend judgment under Federal Rule of Civil Procedure Rule 59(e) if it is filed within ten days of entry of judgment. See United States v. Nutri-Cology, Inc., 982 F.2d 394, 397 (9th Cir. 1992). Otherwise, it is treated as a Rule 60(b) motion for relief from a judgment or order. The motion here was filed well past ten days after the judgment, so it is properly construed as a Rule 60(b) motion.
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