Bancamerica Com. Corp. v. Mosher Steel Of Kansas, Inc., 103 F.3d 80 (10th Cir. 1996). · Go Syfert
Bancamerica Com. Corp. v. Mosher Steel Of Kansas, Inc., 103 F.3d 80 (10th Cir. 1996). Cases Citing This Book View Copy Cite
“moreover, the monetary award upon which post-judgment interest should accrue is the entire award granted by the district court, including the forthcoming award of prejudgment interest.”
76 citation events (55 in the last 25 years) across 18 distinct courts.
Strongest positive: Actalent, Inc. v. Evergreen Research US, LLC. (cod, 2025-04-28)
Treatment trajectory · 1996 → 2026 · click a year to view as-of
1996 2011 2026
Top citers, strongest first. 42 distinct citers.
discussed Cited as authority (verbatim quote) ksd 2026
D. Kan. · 2026 · quote attribution · 1 verbatim quote · confidence high
moreover, the monetary award upon which post-judgment interest should accrue is the entire award granted by the district court, including the forthcoming award of prejudgment interest.
discussed Cited as authority (verbatim quote) Actalent, Inc. v. Evergreen Research US, LLC.
D. Colo. · 2025 · signal: see · quote attribution · 1 verbatim quote · confidence high
moreover, the monetary award upon which post-judgment interest should accrue is the entire award granted by the district court, including the forthcoming award of prejudgment interest.
discussed Cited as authority (rule) Philadelphia Indemnity Insurance Company v. Blue Mountain Contractors, LLC
D.N.M. · 2021 · confidence medium
An award of post-judgment interest is mandatory and “shall be computed daily to the date of payment . . . and shall be compounded annually.” 28 U.S.C. § 1961 ; Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc., 103 F.3d 80, 81 (10th Cir. 1996); See Boston Old Colony Ins.
discussed Cited as authority (rule) Environmental Dimensions, Inc. v. EnergySolutions Government Group, Inc.
D.N.M. · 2021 · confidence medium
An award of post-judgment is mandatory, and interest “shall be computed daily to the date of payment . . . and shall be compounded annually.” § 1961(b); Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc., 103 F.3d 80, 81 (10th Cir. 1996); See Boston Old Colony Ins.
discussed Cited as authority (rule) Gonzalez v. Tounjian
N.D. · 2004 · confidence medium
See, e.g., Johansen v. Combustion Eng’g, Inc., 170 F.3d 1320, 1340 (11th Cir.1999); Greenway v. Buffalo Hilton Hotel, 143 F.3d 47, 55 (2d Cir.1998); Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc., 103 F.3d 80, 81-82 (10th Cir.1996); Stewart v. Donges, 20 F.3d 380, 382 (10th Cir.1994); Dunn v. HOVIC, 13 F.3d 58, 61 (3d Cir.1993); Loughman v. Consol-Pennsylvania Coal Co., 6 F.3d 88, 99-100 (3d Cir.1993); Tinsley v. Sear-Land Corp., 979 F.2d 1382,1383 (9th Cir.1992); Coal Res., Inc. v. Gulf & Western Indus., Inc., 954 F.2d 1263 , 1274-75 (6th Cir.1992) (on Order Clarifying Opinion…
discussed Cited as authority (rule) Horizon Holdings, LLC v. Genmar Holdings, Inc.
D. Kan. · 2003 · confidence medium
In their papers, plaintiffs rely to a large extent on the legal principles that an award of post-judgment interest is mandatory, see Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc., 103 F.3d 80, 81 (10th Cir.1996), and, as such, must be made regardless of what was demanded in the complaint or stated in the pretrial order.
cited Cited as authority (rule) United States v. Friedland
D. Colo. · 2001 · confidence medium
R.R., 50 F.3d 1530 (10th Cir.1995); Bancamerica, 100 F.3d at 792, as amended, 103 F.3d at 80; Sun Co., Inc., 124 F.3d at 1187 .
discussed Cited "see" Marshall v. Estep
10th Cir. · 2010 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.) (declining to consider new theory on appeal, even one “that falls under the same general category as an argument presented [in the district court] or presents a theory that was discussed in a vague and ambiguous way” (internal quotations marks omitted)), amended on other grounds, 103 F.3d 80 (10th Cir.1996).
discussed Cited "see" Broadwell v. Astrue
10th Cir. · 2009 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.), amended on other grounds, 103 F.3d 80 (10th Cir.1996) (observing that this court will not consider a new theory on appeal, even one “that falls under the same general category as an argument presented” in the district court) (quotation omitted); see also Crow v. Shalala, 40 F.3d 323, 324 (10th Cir.1994) (noting, in social security context, the general rule that we will not review issues that were not presented to the district court).
cited Cited "see" Chihuahuan Grasslands Alliance v. Kempthorne
10th Cir. · 2008 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.), amended on other grounds, 103 F.3d 80 (1996).
cited Cited "see" Chihuahuan Grassland Alliance v. Kempthorne
10th Cir. · 2008 · signal: see · confidence high
See Arizonans for Official English, 520 U.S. at 71 . 8 (...continued) Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.), amended on other grounds, 103 F.3d 80 (1996).
cited Cited "see" United States v. Williams
10th Cir. · 2008 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.), op. am. on other grounds, 103 F.3d 80 (10th Cir. 1996).
discussed Cited "see" Hawkinson v. Montoya
10th Cir. · 2008 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.) (declining to consider new theory on appeal, even one “that falls under the same general category as an argument presented [in the district court] or presents a theory that was discussed in a vague and ambiguous way” (quotations omitted)), amended on other grounds, 103 F.3d 80 (10th Cir. 1996).
discussed Cited "see" Snider v. Lincoln County Board of County Commissioners
10th Cir. · 2008 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.) (declining to consider new theory on appeal), amended on other grounds, 103 F.3d 80 (10th Cir.1996); Stump v. Gates, 211 F.3d 527, 533 (10th Cir.2000) (raising issue for first time in reply brief “robs the appellee of the opportunity ... to present an analysis of the pertinent legal precedent that may compel a contrary result”).
cited Cited "see" Tivis v. Beecroft
10th Cir. · 2008 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.), amended on other grounds, 103 F.3d 80 (10th Cir.1996).
discussed Cited "see" Cook v. Chase Manhattan Mortgage Corp.
10th Cir. · 2007 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.) (explaining that this court does not consider a new theory on appeal even if it “falls under the same general category as an argument” presented to the district court), opinion amended on other grounds, 103 F.3d 80 (10th Cir.1996).
discussed Cited "see" Giove v. United States Department of Transportation
10th Cir. · 2006 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.) amended on other grounds, 103 F.3d 80 (10th Cir.1996). 5 U.S.C. § 7121 (d) As an employee of the FAA, Mr. Giove was covered under both the Civil Service Reform Act of 1978 and the agency’s CBA with his union, the latter of which permitted covered employees to file grievances alleging unlawful discrimination.
cited Cited "see" Reed v. Mineta Ex Rel. United States Department of Transportation
10th Cir. · 2006 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc., 103 F.3d 80, 82 (10th Cir.1996).
cited Cited "see" Wells v. The City and County
10th Cir. · 2004 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.), op. amended on other grounds, 103 F.3d 80 (10th Cir. 1996).
discussed Cited "see" Marr v. Holden
10th Cir. · 2004 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.) (court will not consider a new theory on appeal, even one “that falls under the same general category as an argument presented” to the district court (quotation omitted)), opinion amended, 103 F.3d 80 (10th Cir.1996).
cited Cited "see" Morrison Enterprises v. McShares, Inc.
10th Cir. · 2002 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792 , 796 & n. 4 (10th Cir.), amended by 103 F.3d 80 (10th Cir.1996).
discussed Cited "see" Alliedsignal, Inc. v. Amcast International Corp.
S.D. Ohio · 2001 · signal: see · confidence high
See Bancamerica Commercial v. Mosher Steel of Kansas, 100 F.3d 792 , amended, 103 F.3d 80 (10th Cir.1996); Browning-Ferris Industries of Ill. v. Ter Maat, 13 F.Supp.2d 756, 769 (N.D.Ill.1998) (and cases cited therein).
discussed Cited "see" Villagrana v. Apfel
10th Cir. · 2000 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc. , 100 F.3d 792, 798-99 (10th Cir.) (stating appellate court will not consider new theory that falls under same category as one argued before the trial court), op. amended on other grounds , 103 F.3d 80 (10th Cir. 1996) .
discussed Cited "see" United States v. Garcia
10th Cir. · 2000 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc. , 100 F.3d 792, 798-99 (10th Cir.) (declining to address issue on appeal presented only in vague, ambiguous way in district court), modified on other grounds , 103 F.3d 80 (10th Cir. 1996).
cited Cited "see" Greene v. Safeway Stores, Inc.
10th Cir. · 2000 · signal: see · confidence high
See Bancamerica -3- Commercial Corp. v. Mosher Steel, Inc. , 103 F.3d 80 , 81 (10th Cir. 1996).
cited Cited "see" Lewis v. Department of Health
10th Cir. · 1999 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc. , 100 F.3d 792, 798-99 (10th Cir.), opinion amended on other grounds , 103 F.3d 80 (10th Cir. 1996). -3-
cited Cited "see" Taylor v. Woods
10th Cir. · 1999 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc. , 100 F.3d 792, 798-99 (10th Cir.), opinion amended on other grounds , 103 F.3d 80 (10th Cir. 1996).
discussed Cited "see" United States v. Township of Brighton
6th Cir. · 1998 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel, 100 F.3d 792, 802 (10th Cir.1996) (mandating prejudgment interest awards under § 9607), amended by 103 F.3d 80 (10th Cir.1996); Meyer, 889 F.2d 1497, 1505-06 (6th Cir.1989) (quoting mandatory language in Superfund Amendments and Reauthorization Act (SARA) legislative history at 1986 U.S.C.C.A.N. 2835, 2855 (“The section gives the Administrator authority to obtain prejudgment interest in all cost recovery actions.”)).
discussed Cited "see" United States v. Township Of Brighton
6th Cir. · 1998 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel, 100 F.3d 792, 802 (10th Cir.1996) (mandating prejudgment interest awards under § 9607), amended by 103 F.3d 80 (10th Cir.1996); Meyer, 889 F.2d 1497, 1505-06 (6th Cir.1989) (quoting mandatory language in Superfund Amendments and Reauthorization Act (SARA) legislative history at 1986 U.S.C.C.A.N. 2835, 2855 ("The section gives the Administrator authority to obtain prejudgment interest in all cost recovery actions.")). 70 Brighton Township suggests that it was proper for the court to refuse to award prejudgment interest in this case, because the…
discussed Cited "see" Federal Deposit Insurance v. United Pacific Insurance
10th Cir. · 1998 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc., 103 F.3d 80, 82 (10th Cir.1996); Wheeler v. John Deere Co., 986 F.2d 413, 415 (10th Cir.1993); see also Air Separation, Inc. v. Underwriters at Lloyd’s of London, 45 F.3d 288 , 290 (9th Cir.1995) (”[I]t is well-established in other , circuits that post-judgment interest also applies to the prejudgment interest component of a district court’s monetary judgment.”).
discussed Cited "see" Belleview Valley v. Walterscheid
10th Cir. · 1998 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc., 100 F.3d 792, 798-99 (10th Cir.) (appellate court will not consider a new theory “that falls under the same general category as an argument presented [below] or . . . a theory that was discussed in a vague and ambiguous way” before the district court) (quotation omitted), opinion amended on other grounds, 103 F.3d 80 (10th Cir. 1996).
discussed Cited "see" Belleview Valley Land Co., Inc. v. Walterscheid Trucking and Farms, Inc., a New Mexico Corporation Henry Walterscheid, Individually
10th Cir. · 1998 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc., 100 F.3d 792, 798-99 (10th Cir.) (appellate court will not consider a new theory "that falls under the same general category as an argument presented [below] or ... a theory that was discussed in a vague and ambiguous way" before the district court) (quotation omitted), opinion amended on other grounds, 103 F.3d 80 (10th Cir.1996).
discussed Cited "see" Xeta Corporation v. Canton Industrial
10th Cir. · 1997 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.), amended on other grounds, 103 F.3d 80 (10th Cir. 1996); Walker v. Mather (In re Walker), 959 F.2d 894, 896 (10th Cir. 1992). 6 Under the conduit theory, “where the recipient of a transfer is but an agent of the creditor to whom the agent, without any benefit to himself, passes along property, liability will not attach to the agent.” In re Maxwell Newspapers, Inc., 151 B.R. 63, 70 (Bankr.
discussed Cited "see" Xeta Corporation, an Oklahoma Corporation v. Canton Industrial Corporation, a Nevada Corporation, and Richard David Surber and Gerald Curtis
10th Cir. · 1997 · signal: see · confidence high
See Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.), amended on other grounds, 103 F.3d 80 (10th Cir.1996); Walker v. Mather (In re Walker), 959 F.2d 894, 896 (10th Cir.1992). 15 In any event, as with Canton's previous contention, the argument is meritless.
discussed Cited "see, e.g." Barrington v. United Airlines, Inc.
10th Cir. · 2017 · signal: see also · confidence medium
See 10th Cir. R. 30.1 (one hard copy of appendix); 10th Cir. R. 31.5 (seven hard copies of briefs); 10th Cir. R. 39.1 (providing that copying costs “are taxable at the actual cost, but no more than 20 cents per page”); see also Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc., 103 F.3d 80, 82 (10th Cir. 1996) (order); In re Penn Central Transp.
discussed Cited "see, e.g." ca3 2007
3rd Cir. · 2007 · signal: see also · confidence low
However, while the interest amount may necessarily be recalculated in the light of any settlement credits the district court determines appropriate, we conclude that the district court did not abuse its discretion in determining that any prejudgment interest awarded will accrue from the dates of the demands made in Borax's Rule 26 disclosures and third-party complaints. 21 "An award of prejudgment interest—whether in a joint and several liability action under § 107 or a contribution action under § 113 of CERCLA—is mandatory. . . ." GenCorp Inc. v. Olin Corp., 390 F.3d 433, 450 (6th Cir.2…
discussed Cited "see, e.g." K.C.1986 Ltd. Partnership v. Reade Manufacturing
8th Cir. · 2007 · signal: see also · confidence low
“An award of prejudgment interest — whether in a joint and several liability action under § 107 or a contribution action under § 113 of CERCLA — is mandatory....” GenCorp Inc. v. Olin Corp., 390 F.3d 433, 450 (6th Cir.2004), cert. denied, — U.S. -, 126 S.Ct. 420 , 163 L.Ed.2d 320 (2005); 42 U.S.C. § 9607 (a)(4) (stating that “[t]he amounts recoverable in an action under this section shall include interest on the amounts recoverable”) (emphasis added); see also Bancamerica Comm. Corp. v. Mosher Steel of Kansas, 100 F.3d 792, 801 (10th Cir.), as amended, 103 F.3d 80 (1996).
discussed Cited "see, e.g." Employers Reinsurance Corp. v. Mid-Continent Casualty Co.
10th Cir. · 2004 · signal: see, e.g. · confidence low
See, e.g., Bancamerica Commercial Corp. v. Mosher Steel of Kan., Inc., 100 F.3d 792, 798-99 (10th Cir.1996) (court will not consider a new theory on appeal, even one “that falls under the same general category as an argument presented at trial” (internal quotation marks omitted)), opinion amended on other grounds, 103 F.3d 80 (10th Cir.1996).
cited Cited "see, e.g." Westec Construction Management Co. v. Postle Enterprises I, Inc.
Colo. Ct. App. · 2002 · signal: see, e.g. · confidence low
See, e.g., Bancamerica Commercial Corp. v. Mosher Steel of Kansas, Inc., 103 F.3d 80 (10th Cir.1996)(motion to reform the mandate to include an award of postjudgment interest).
discussed Cited "see, e.g." Waste Management of Alameda County, Inc. v. East Bay Regional Park District
N.D. Cal. · 2001 · signal: see also · confidence low
The former refers to short term or interim responses to immediate threats, while the latter refers to actions directed toward a permanent remedy. 42 U.S.C. §§ 9601 (23), (24); 40 C.F.R. § 300.5 ; see also Bancameri-ca Comm. Corp. v. Mosher Steel of Kansas, 100 F.3d 792, 797 , amended on other grounds, 103 F.3d 80 (10th Cir.1996).
cited Cited "see, e.g." Pichowicz v. Atlantic Richfield
D.N.H. · 1997 · signal: see also · confidence low
See 42 U.S.C.A. § 9605 ; see also Bancamerica Commercial Corp. v. Mosher Steel of Kansas, 100 F.3d 792 , 796 n. 2, amended on other grounds, 103 F.3d 80 (10th Cir.1996).
cited Cited "see, e.g." Pichowicz v. Atlantic Richfield
D.N.H. · 1997 · signal: see also · confidence low
See 42 U.S.C.A. § 9605 ; see also Bancamerica Commercial Corp. v. Mosher Steel of Kansas, 100 F.3d 792 , 796 n.2, amended on other grounds, 103 F.3d 80 (10th Cir. 1996).
Bancamerica Commercial Corporation, a Pennsylvania Corporation Asarco, Inc., Plaintiffs-Appellees-Cross-Appellants
v.
Mosher Steel of Kansas, Inc., a Kansas Corporation Trinity Industries, Inc., a Texas Corporation, Defendants-Appellants-Cross-Appellees
95-3385.
Court of Appeals for the Tenth Circuit.
Dec 18, 1996.
103 F.3d 80
Published

103 F.3d 80

36 Fed.R.Serv.3d 1065

BANCAMERICA COMMERCIAL CORPORATION, a Pennsylvania
corporation; ASARCO, Inc.,
Plaintiffs-Appellees-Cross-Appellants,
v.
MOSHER STEEL OF KANSAS, INC., a Kansas corporation; Trinity
Industries, Inc., a Texas corporation,
Defendants-Appellants-Cross-Appellees.

Nos. 95-3385, 95-3396.

United States Court of Appeals,
Tenth Circuit.

Dec. 18, 1996.

Before PORFILIO, TACHA and BRORBY, Circuit Judges.

ORDER

BRORBY, Circuit Judge.

[*~80]1

On November 13, 1996, we issued an opinion in these cases affirming the judgment of the district court, with the exception of reversing and remanding for the granting of prejudgment interest to Plaintiffs in accordance with 42 U.S.C. § 9607(a) (1994). 100 F.3d 792 (10th Cir.1996).

2

Our opinion, contrary to the prescription of Fed. R.App. P. 37, contained no instructions to the district court concerning the award of postjudgment interest. Consequently, Plaintiffs Bancamerica Commercial Corp. and ASARCO, Inc. moved that we reform the mandate to indicate interest should be awarded from the date of the district court's original judgment. We agree that interest should accrue on the entire judgment, including the forthcoming award of prejudgment interest, from August 2, 1995, the date of the district court's original judgment, and amend our mandate accordingly.

3

Postjudgment interest from the entry of the district court's judgment is mandatory. 28 U.S.C. § 1961(a) (1994). Rule 37 provides further guidance: "If a judgment is modified or 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." Failing to previously supply such instructions, we now repair our error.[1]

[*~81]4

In determining whether postjudgment interest should accrue from the date of the district court's original judgment or the date of a later judgment, we examine "the extent to which the case was reversed." Northern Natural Gas Co. v. Hegler, 818 F.2d 730, 737 (10th Cir.1987), cert. dismissed, 486 U.S. 1063, 109 S.Ct. 7, 100 L.Ed.2d 937 & 487 U.S. 1265, 109 S.Ct. 28, 101 L.Ed.2d 978 (1988). Where the original judgment lacks an evidentiary or legal basis, postjudgment interest accrues from the date of the second trial court judgment, see Kaiser Aluminum & Chem. Corp. v. Bonjorno, 494 U.S. 827, 835-36, 110 S.Ct. 1570, 1575-76, 108 L.Ed.2d 842 (1990); "where the original judgment is basically sound but is modified on remand, post-judgment interest accrues from the date of the first judgment." Cordero v. De Jesus-Mendez, 922 F.2d 11, 16 (1st Cir.1990); see also, e.g., Dunn v. HOVIC, 13 F.3d 58 (3d Cir.1993) (awarding plaintiff postjudgment interest from date of original judgment even though original judgment was $26.3 million and ultimate judgment following appeal and remittiturs was $1.5 million); Coal Resources, Inc. v. Gulf & W. Indus., 954 F.2d 1263, 1273-75 (6th Cir.1992) (awarding postjudgment interest from date of first judgment).

5

Here, our reversal was limited to the district court's failure to grant Plaintiffs prejudgment interest, whereas we affirmed all other aspects of the district court's lengthy decision. As in Northern Natural Gas, "reversal for such a purpose was not to a large 'extent' or an extent sufficient to change the determinative judgment for ... purposes [of the commencement of accrual of postjudgment interest]." 818 F.2d at 738. Accordingly, postjudgment interest should accrue from August 2, 1995, the date of the district court's original judgment.

[*~82]6

Moreover, the monetary award upon which postjudgment interest should accrue is the entire award granted by the district court, including the forthcoming award of prejudgment interest. That is the dollar figure to which Plaintiffs justly became entitled on August 2, 1995, and failure to award Plaintiffs postjudgment interest on the prejudgment interest would wrongly decrease the present value of their monetary judgment. See Northern Natural Gas, 818 F.2d at 736-37 (approving award of postjudgment interest on accrued prejudgment interest).

[*~81]7

Plaintiffs additionally filed a bill of costs pursuant to Fed. R.App. P. 39, seeking recovery of $1,455.64. Recovery of many of the itemized costs for which they seek to recover is not allowable under Rule 39. However, Plaintiffs' costs incurred in producing necessary copies of their second and fourth briefs on appeal, and their appendix, are allowable. The cost of eleven copies of their second brief (75 pages) at 7cents per page totals $57.75, and the cost of eleven copies of their fourth brief (56 pages) at 7cents per page totals $43.12. We also allow $388.00 for the cost of producing five copies of their appendix,[2] reaching a grand total of $488.87. Accordingly, we order costs of $488.87 to be taxed against Defendants Trinity Industries, Inc. and Mosher Steel Co.

1

The Advisory Committee Notes to Fed. R.App. P. 37 make it clear that recall and reformation of the mandate is appropriate to answer the question of postjudgment interest:

Since the rule directs that the matter of interest be disposed of by the mandate, in cases where interest is simply overlooked, a party who conceives himself entitled to interest from a date other than the date of entry of judgment in accordance with the mandate should be entitled to seek recall of the mandate for determination of the question.

2

This sum consists of five times the cost of 820 copies at 7cents per copy, two oversize copies at 10cents per copy, and 40 color copies at 50cents per copy. (Although Plaintiffs list the actual cost of the color copies as 99cents per copy, pursuant to 10th Cir. R. 39.1 the taxable cost of reproducing necessary copies will in no event exceed 50cents per page, regardless of reproductive process.)