Aldridge v. Union Bankers Insurance Co., 72-1109. Summary Calendar.

Decision Date13 April 1972
Docket NumberNo. 72-1109. Summary Calendar.,72-1109. Summary Calendar.
Citation457 F.2d 501
PartiesDan A. ALDRIDGE d/b/a Dan A. Aldridge & Associates, Plaintiff-Appellee, v. UNION BANKERS INSURANCE CO., Defendant-Appellant.
CourtU.S. Court of Appeals — Fifth Circuit

Before BELL, DYER and CLARK, Circuit Judges.

PER CURIAM:

With leave to the defendant-appellant to move the district court under Fed.R. Civ.P. 60(b) for relief from the interest provision contained in the final judgment entered on October 22, 1971,1 we affirm. See Local Rule 21.2

1 The judgment mirrors the language of the jury verdict allowing interest upon the principal contract amount, rather than on the commission amount which was in suit. Both parties concede that this was due to mistake or inadvertence.

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4 cases
  • Sommer Corporation v. Panama Canal Company
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • March 5, 1973
    ...judgment, whether or not based on F.R.Civ.P. 60(b). Meadows v. Cohen, 5 Cir., 1969, 409 F.2d 750, 752, n. 4; Aldridge v. Union Bankers Insurance Co., 5 Cir., 1972, 457 F.2d 501. See also, McDowell v. Celebreeze, 5 Cir., 1962, 310 F.2d 43, 44. But we disagree with this hypercritical reading ......
  • Lairsey v. Advance Abrasives Co.
    • United States
    • U.S. Court of Appeals — Fifth Circuit
    • November 18, 1976
    ...the district court to consider it, or we could affirm subject to the district court's considering the motion. Aldridge v. Union Bankers Insurance Co., 457 F.2d 501 (C.A.5, 1972). In Burnside v. Eastern Airlines, Inc., supra, we perhaps forecast our present conclusion. There plaintiff's comp......
  • Parks v. U.S. Life and Credit Corp., 81-7758
    • United States
    • U.S. Court of Appeals — Eleventh Circuit
    • June 4, 1982
    ...the district court to consider it, or we could affirm subject to the district court's considering the motion. Aldridge v. Union Bankers Insurance Co., 457 F.2d 501 (C.A.5, 1972). 542 F.2d at Nonetheless, appellant, acknowledging the absence of a pending appeal here, argues that Lairsey stan......
  • ESTATE HEDRICK v. COMMISSIONER OF INTERNAL REVENUE, 26292.
    • United States
    • U.S. Court of Appeals — Ninth Circuit
    • June 28, 1972

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