Charles Pacurar, Individually and as Representative of the Citizens and Taxpayers of the City of East Chicago, Indiana, as a Class v. Miles A. Hernly

TONE, Circuit Judge.

The district court, acting under Rule 60(b), Fed.R.Civ.P., entered an order modifying a judgment of dismissal for lack of federal jurisdiction that the court had entered more than fifteen months earlier. The modification changed the words “with prejudice” to “without prejudice.” This appeal is from the modifying order, which we now affirm.

On November 28, 1977, the district court entered an order granting defendant’s motion to dismiss; the sole ground for the ruling was that, because both plaintiff and defendant were residents of Indiana, diversity of citizenship and hence…