Steve Willie, Cross-Appellant v. Continental Oil Co., Offshore Logistics, Inc., Cross-Appellee

ALVIN B. RUBIN and TATE, Circuit Judges:

Two panels of . this court reached conflicting decisions concerning the classification of a post-judgment motion to amend the district court’s judgment. Compare Harcon Barge Co. v. D & G Boat Rentals, *707Inc.,1 with Willie v. Continental Oil Co.2 Willie allowed a court discretion to classify a post-judgment motion as invoking either Rule 59(e) or Rule 60. Harcon Barge, on the other hand, held that, if a post-judgment motion falls within the scope of Fed. R.Civ.P. 59(e), and it is timely served within ten days after entry of judgment as the rule requires,…