Legal Opinion

Chicago and North Western Railway Company, a Corporation v. Union Packing Company, a Corporation

Court of Appeals for the Eighth Circuit

Decided January 6, 1976No. 74--1591PublishedCited by 14 opinions

1Opinion of the Court

ORDER

Before GIBSON, Chief Judge, CLARK, Associate Justice, * and LAY, Circuit Judge. PER CURIAM.

This matter comes on petition of the Chicago and North Western Railway Company to relax our prior mandate 1 to' allow prejudgment interest on the -judgment entered. Petitioner asserts that pre judgment interest is correctable under Fed.R.Civ.P. 60(a) or, alternatively under Rule 60(b). We decline to reopen the mandate. This circuit does not view the erroneous allowance or omission of pre judgment interest to be a clerical error within the purview of Rule 60(a). See Hoffman v. Celebrezze, 405 F.2d…

2Cases cited3 opinions

  1. Harriet H. Hoffman, of the Estate of Ivan M. Hoffman v. Anthony Celebrezze, Secretary of Health, Education and WelfareCourt of Appeals for the Eighth Circuit · 1969
  2. Melvin B. Hansen v. United StatesCourt of Appeals for the Eighth Circuit · 1965
  3. Chicago and North Western Railroad Company, a Corporation v. Union Packing Company, a CorporationCourt of Appeals for the Eighth Circuit · 1975

3Cited by14 opinions

  1. Sebastian Scola v. Boat Frances, R., Inc.Court of Appeals for the First Circuit · 1980
  2. James D. Elias v. Ford Motor CompanyCourt of Appeals for the First Circuit · 1984
  3. Howard S. Lee, Eric Lee and Lester Lee v. Joseph E. Seagram & Sons, Inc.Court of Appeals for the Second Circuit · 1979
  4. Morgan Guaranty Trust Company of New York v. Third National Bank of Hampden CountyCourt of Appeals for the First Circuit · 1977
  5. Robert Stern v. Kenneth ShouldiceCourt of Appeals for the Sixth Circuit · 1983

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