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CITY OF DETROIT v. GRINNELL CORP.

Nos. 316, 1202 and 1203, Dockets 76-7252, 76-7253 and 76-7254.

575 F.2d 1009 (1977)

CITY OF DETROIT et al. v. GRINNELL CORPORATION et al., Bay Fair Shopping Center, Exxon Corporation, Friendswood Development Company, Garden State Plaza Corporation, International Lubricant Corporation and Shell Oil Company, Claimants, Appellants.

United States Court of Appeals, Second Circuit.

Decided August 30, 1977.

Motion to Amend Mandate Submitted March 2, 1978.

Motion Decided May 22, 1978.

Attorney(s) appearing for the Case

Lord, Day & Lord, New York City (Gordon B. Spivack, Thomas D. Brislin, New York City, of counsel); David Berger, P.A., Philadelphia, Pa. (David Berger, H. Laddie Montague, Jr., Philadelphia, Pa., of counsel), for class representatives-appellees.

Howrey & Simon, Washington, D. C. (William Simon, Robert E. Hebda, Washington, D. C., of counsel), for class members-appellants.

Before MOORE and MULLIGAN, Circuit Judges.

MOORE, Circuit Judge:

David Berger, P.A. (Berger), counsel for class representatives, by motion (Rule 37, F.R.A.P.), requests this court to amend its mandate, issued on November 28, 1977, which contained no instructions as to the allowance of interest. The motion, on what is in effect a nunc pro tunc basis, asks us to include such instructions in an amended mandate. Since the omission of such instructions as to interest was an oversight, the motion is granted...

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