Aldridge v. Union Bankers Insurance Co.

Full title: DAN A. ALDRIDGE D/B/A DAN A. ALDRIDGE ASSOCIATES, PLAINTIFF-APPELLEE, v…

Court: United States Court of Appeals, Fifth Circuit

Date published: Apr 13, 1972

457 F.2d 501 (5th Cir. 1972)

Opinion

No. 72-1109. Summary Calendar.^_

_ Rule 18, 5th Cir.; see Isbell Enterprises, Inc. v. Citizens Casualty Co. of N.Y. 431 F.2d 409, Part I (5th Cir. 1970).

April 13, 1972.

Appeal from the United States District Court for the Northern District of Georgia.

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.

2 See NLRB v. Amalgamated Clothing Workers of America, 430 F.2d 966 (5th Cir. 1970).