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DURA-WOOD TREATING CO. v. CENTURY FOREST INDUSTRIES

No. 82-2334 Summary Calendar.

694 F.2d 112 (1982)

DURA-WOOD TREATING COMPANY, DIVISION OF ROY O. MARTIN LUMBER COMPANY, Plaintiff-Appellee, v. CENTURY FOREST INDUSTRIES, INC., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

December 23, 1982.

Attorney(s) appearing for the Case

Flournoy, Deaton & Stephens, W. David Stephens, Lufkin, Tex., for defendant-appellant.

George T. Allison, Longview, Tex., for plaintiff-appellee.

Before GEE, RANDALL and TATE, Circuit Judges.

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 dispositive: (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...

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