Buck v. Burton, 84-1693
| Decision Date | 22 July 1985 |
| Docket Number | No. 84-1693,84-1693 |
| Citation | 768 F.2d 285 |
| Parties | Neil H. BUCK, Appellant, v. Maurice E. BURTON, an Individual, and Arrow-Mayflower Transit Company, Inc., a corporation, Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Stephen W. Plambeck, Fargo, N.D., for appellant.
Michael J. Morley, Grand Forks, N.D., for appellees.
Before HEANEY, ROSS and FAGG, Circuit Judges.
On February 27, 1985, we filed an unpublished opinion in this case holding that the district court had improperly granted judgment n.o.v. in favor of defendant-appellee Maurice E. Burton, 760 F.2d 273. Although our mandate reversed the district court's grant of judgment n.o.v. and conditional grant of a new trial, we failed to include instructions with respect to the allowance of post-judgment interest as required by Federal Rule of Appellate Procedure 37. Plaintiff-appellant Neil H. Buck has petitioned this court to recall our mandate for the purpose of providing directions on interest. We agree that it is appropriate to do so.
Judgment was entered on the jury verdict on March 2, 1984, with prejudgment interest being awarded at the rate of 6%. The district court entered judgment n.o.v. on May 3, 1984, and our mandate reversing the judgment n.o.v. was issued on May 6, 1985. Buck requests that our instructions provide for "post-judgment interest from the date the original judgment was first entered" while Burton suggests that if Buck is entitled to post-judgment interest at all, interest should run from the date of entry of judgment on this court's mandate reversing the judgment n.o.v. We conclude that Buck is entitled to interest running from the date of entry of judgment on the original jury verdict.
Title 28, section 1961 of the United States Code provides that interest "shall be allowed on any money judgment in a civil case recovered in a district court," to "be calculated from the date of the entry of the judgment." It is unclear under the circumstances of this case whether the "date of the entry of the judgment" referred to in section 1961 is as Buck contends, the date of entry of judgment on the original verdict, or as Burton contends, the date of entry of judgment on this court's mandate reversing the judgment n.o.v.
Our circuit has not specifically ruled on this issue. While the Second Circuit has interpreted section 1961 to permit allowance of interest only from the date of entry of judgment on the appellate court mandate, Powers v. New York Central Railroad, 251 F.2d 813, 818 (2d Cir.1958), the Ninth Circuit, as well as the Fifth Circuit, take a contrary view, Turner v. Japan Lines, Ltd., 702 F.2d 752 (9th Cir.1983); Louisiana & Arkansas Railway v. Pratt, 142 F.2d 847 (5th Cir.1944).
In Turner v. Japan Lines, Ltd., the Ninth Circuit recognized that "[t]he purpose of awarding interest to a party recovering a money...
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Ainsworth v. Combined Ins. Co. of America
...however, that this court may have overlooked or misapprehended case law which is arguably favorable to his position. See Buck v. Burton, 768 F.2d 285 (8th Cir.1985), citing Turner v. Japan Lines, Ltd., 702 F.2d 752 (9th Cir.1983) (purpose of awarding interest to a party recovering money jud......
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Bonjorno v. Kaiser Aluminum & Chemical Corp.
...v. Chattem, 838 F.2d 149, 153 (6th Cir.1988), cert. denied, --- U.S. ----, 108 S.Ct. 2831, 100 L.Ed.2d 931 (1988); Buck v. Burton, 768 F.2d 285, 287 (8th Cir.1985); Turner v. Japan Lines, Ltd., 702 F.2d 752, 755-57 (9th Cir.1983). In Smith, the Court of Appeals for the Second Circuit recent......
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Bailey v. Chattem, Inc.
...A recent Eighth Circuit case, however, without reference to the earlier case law, appears to adopt a contrary view. See Buck v. Burton, 768 F.2d 285 (8th Cir.1985). ...
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Brown v. Medical Mut. Liability Ins. Soc. of Maryland
...Co., 197 F.2d 829, 836 (7th Cir.1952). Some hold that interest runs from the date of the initial judgment. See, e.g., Buck v. Barton, 768 F.2d 285, 287 (8th Cir.1985); Turner v. Japan Lines, Ltd., 702 F.2d 752, 755-57 (9th Cir.1983). Some have adopted a middle ground holding that a court's ......