James Turner, and Cross-Appellee v. Japan Lines, Ltd., and Philippine President Lines Inc., Manila, and Cross-Appellants

On July 27, 1981, we issued an opinion in this case holding that the trial court had improperly granted judgment n.o.v. in favor of the defendants. 651 F.2d 1300 . Our reversal of the judgment of the district court will result, on remand, in the reinstatement of the jury verdict for the plaintiff rendered on October 6, 1978.

Following the denial of petitions for cer-tiorari by the Supreme Court and before our mandate issued, plaintiff moved that the mandate be amended to include interest from the October 6, 1978 date of the jury verdict until payment by defendants. We granted a stay of mandate pending further order of the court on November 12, 1982.

I. Allowance of Interest.

Fed.R.App.P. 37 provides that where “a judgment is ... reversed with a direction that a judgment for money be entered in the district court, the mandate shall contain instructions with respect to allowance of interest.” While Rule 37 emphasizes that the appellate court is responsible for determining whether a judgment entered on remand is to include interest for any period of time before the entry of judgment on remand, the rule does not state the source of the appellate court’s authority to order interest…