opinion: Percy T. STIERS, Appellant, v. James I. MARTIN, Appellee.
  No. 8060.
  United States Court of Appeals Fourth Circuit.
  Argued April 21, 1960.
  Decided April 25, 1960.
  Charles W. Laughlin, Richmond, Va., for appellant.
  J. Kenneth Lee, Greensboro, N. C. (Major S. High, Greensboro, N. C., on the brief) for appellee.
  Before SOPER, HAYNSWORTH and BOREMAN, Circuit Judges.
  PER CURIAM.
  After this Court affirmed a judgment awarding damages to the plaintiff, the defendant filed a motion in the District Court under Rule 60(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., by which he sought a new trial upon the ground of newly discovered evidence and fraud. Attached to the motion were the affidavits of three persons stating that the plaintiff rented and planted only three acres of the defendant’s land, rather than ten acres as the plaintiff’s evidence showed and the District Court found.
  Who his tenants were and what acreage they planted, the defendant knew, though he did not testify at the trial. He knew, also, of the three witnesses whose affidavits he now tenders, but he did not produce them at the trial. He offers no explanation of his failure to produce one of them. The other two, he says, were out of the state at the time of the trial, but the record does not show what, if any, effort he made to locate them and obtain their testimony.
  We think the District Judge properly denied the motion upon the ground that the defendant had not shown due diligence to discover this evidence within the time allowed for a motion for a new trial under Rule 59(b) of the Federal Rules of Civil Procedure.
  Affirmed.
  . Stiers v. Martin, 4 Cir., 264 F.2d 795.
instruction: What follows is an opinion from a United States Court of Appeals.
  Intervenors who participated as parties at the courts of appeals should be counted as either appellants or respondents when it can be determined whose position they supported. For example, if there were two plaintiffs who lost in district court, appealed, and were joined by four intervenors who also asked the court of appeals to reverse the district court, the number of appellants should be coded as six.
  When coding the detailed nature of participants, use your personal knowledge about the participants, if you are completely confident of the accuracy of your knowledge, even if the specific information is not in the opinion. For example, if "IBM" is listed as the appellant it could be classified as "clearly national or international in scope" even if the opinion did not indicate the scope of the business. 
  
  Your task concerns the first listed appellant. The nature of this litigant falls into the category "private business (including criminal enterprises)", specifically "other". Your task is to determine what subcategory of business best describes this litigant.
choices: medical clinics, health organizations, nursing homes, medical doctors, medical labs, or other private health care facilities private attorney or law firm media - including magazines, newspapers, radio & TV stations and networks, cable TV, news organizations school - for profit private educational enterprise (including business and trade schools) housing, car, or durable goods rental or lease entertainment: amusement parks, race tracks, for profit camps, record companies, movie theaters and producers, ski resorts, hotels, restaurants, etc. information processing consulting security and/or maintenance service other service (including accounting) other (including a business pension fund) unclear