Dura-Wood Treating Company, Division of Roy O. Martin Lumber Company v. Century Forest Industries, Inc.

GEE, Circuit Judge:

This appeal concerns only an upward revision in the amount of attorneys’ fees awarded a successful plaintiff, made by the trial court on remand. Two issues are dis-positive: (1) Whether this revision was the sort of correction of a clerical error permitted by Rule 60(a), Federal Rules of Civil Procedure, and (2) whether the court could properly make such a correction on remand when no complaint of the error had been made on the first appeal. We affirm.

The facts of the case are detailed in our former opinion. 675 F.2d 745 (1982). Suffice it to say for present purposes that…