David L. Masinter v. Marlin Drilling Company, Inc.

938 F.2d 536, 1991 U.S. App. LEXIS 15280, 1991 WL 128404

• Court: Court of Appeals for the Fifth Circuit
• Decided: July 2, 1991
• Docket: 90-3265
• Status: Published

Opinion

ON PETITION FOR REHEARING

Before CLARK, Chief Judge, RONEY 1 , and DUHÉ, Circuit Judges.

DUHÉ, Circuit Judge:

Appellant Masinter has filed a petition for rehearing in Masinter v. Tenneco Oil Company, 929 F.2d 191 (5th Cir.1991) (Masinter II) and a motion to recall and reform the mandate entered in Masinter v. Tenneco Oil Company, 867 F.2d 892 (5th Cir.1989) (Masinter I). The panel in Ma-sinter I recalled and reformed its mandate and instructed the district court to award Masinter interest on his award of future lost wages from the date of the first judgment.

In Masinter II this Court ruled that Ma-sinter could only recover interest on his award of future lost wages from the date of a second, modified judgment pursuant to the original mandate in Masinter I. Because of the reformation of that mandate we now grant Masinter’s petition for rehearing in Masinter II. We remand to the district court the issue relating to Masinter's interest award on future lost wages for further proceedings consistent with the reformed mandate in Masinter I.

We confirm and reinstate our prior opinion, 929 F.2d 191, in all respects not inconsistent herewith.