U.S. Court of Appeals for the Eighth Circuit, 1976

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

U.S. Court of Appeals for the Eighth Circuit · Decided January 6, 1976 · Clark, Gibson, Lay, Per Curiam

527 F.2d 592; 21 Fed. R. Serv. 2d 236; 1976 U.S. App. LEXIS 13505 (Federal Reporter, Second Series)

Opinion

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 833 (8th Cir. 1969). Alternate relief under Fed.R.Civ.P. 60(b)(1) is denied because the rule requires a Rule 60(b)(1) motion be made not more than one year after judgment was entered. Relief under Fed.R.Civ.P. 60(b)(6) is denied since appellee has failed to show “an [exceptional] situation exists which entitles [it] to relief.” Hansen v. United States, 340 F.2d 142, 143 (8th Cir. 1965).

The petition to relax the mandate is denied.

. See Chicago & North Western R.R. v. Union Packing Co., 514 F.2d 30 (8th Cir. 1975).

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