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CHICAGO AND NORTH WESTERN RAILWAY COMPANY v. UNION PACKING COMPANY

No. 74-1591.

527 F.2d 592 (1976)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, a corporation, Appellee, v. UNION PACKING COMPANY, a corporation, Appellant.

United States Court of Appeals, Eighth Circuit.

January 6, 1976.

Attorney(s) appearing for the Case

Timothy J. McReynolds, Omaha, Neb., for appellant.

Andrew E. Grimm, Omaha, Neb., for appellee.

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

ORDER

PER CURIAM.

This matter comes on petition of the Chicago and North Western Railway Company to relax our prior mandate1 to allow prejudgment interest on the judgment entered. Petitioner asserts that prejudgment 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 prejudgment interest to be a...

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