Carl McMichael v. United States

ORDER

Before JOHN R. GIBSON, Circuit Judge, BRIGHT, Senior Circuit Judge, and MAGILL, Circuit Judge.

The motion of the United States to vacate the judgment in favor of plaintiff-ap-pellee Billy Harrison is before the court. The motion is based on the failure of the notice of appeal to include Harrison’s name and the issuance of the recent opinion of the Supreme Court in Torres v. Oakland Scavenger Company, et al., — U.S. —, 108 S.Ct. 2405, 101 L.Ed.2d 285 (1988). This issue was presented to the court before. See Harrison v. United States, 715 F.2d 1311 (8th Cir.1983). Pursuant to the opinion…