MATTER OF AMERICAN PRECISION VIBRATOR CO.

No. 88-2271.

863 F.2d 428 (1989)

In the Matter of AMERICAN PRECISION VIBRATOR COMPANY, Debtor. AMERICAN PRECISION VIBRATOR COMPANY, Appellant, v. NATIONAL AIR VIBRATOR CO., Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied February 21, 1989.


Attorney(s) appearing for the Case

Patrick F. Timmons, Houston, Tex., for appellant.

Rhett G. Campbell, Houston, Tex., for appellee.

Before WISDOM, GEE and RUBIN, Circuit Judges.


WISDOM, Circuit Judge:

The appeal in this case was triggered by a clerical mistake in the district clerk's office that led to the dismissal with prejudice of the underlying bankruptcy action. The district court held that the dismissal deprived the bankruptcy court of the power to vacate the dismissal. We hold that Fed.R.Civ.P. 60(a) authorizes the court to undo the effect of the clerical mistake. Accordingly, we reverse the decision of the district court.

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