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NEWHOUSE v. McCORMICK & CO., INC.

Nos. 97-3233, 97-3667.

157 F.3d 582 (1998)

Richard NEWHOUSE, Appellee, v. McCORMICK & CO., INC., Appellant. United States of America, Amicus Curiae.

United States Court of Appeals, Eighth Circuit.

Decided October 2, 1998.

Attorney(s) appearing for the Case

Carole Jean McMahon-Boies, Lincoln, NE, argued, for appellee.

Jerry L. Pigsley, Lincoln, NE, argued (Maren L. Chaloupka, on the brief), for appellant.

Before FAGG, JOHN R. GIBSON, and HANSEN, Circuit Judges.

HANSEN, Circuit Judge.

In this employment age discrimination suit, McCormick & Company (McCormick) appeals a Rule 60(b)(5) order of the district court,1 denying McCormick's request for relief from a final judgment entered in favor of Richard Newhouse. McCormick argues that it should be released from the judgment for its tender of payment after withholding federal and state taxes on the front and back pay awards. The district court...

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