Can a motion to amend a judgment to specify that it is without prejudice pursuant to Rule 60?

MultiRegion, United States of America

The following excerpt is from PRC Harris, Inc. v. Boeing Co., 700 F.2d 894 (2nd Cir. 1983):

3 In Sack v. Low, supra, 478 F.2d at 362-63 n. 1, we allowed a judgment to be amended to specify that it was without prejudice pursuant to Rule 60. We carefully noted, however, that ordinarily such a motion would have to be made under Rule 59, and only the "unusual circumstances" of that case allowed for a departure from this requirement. Id. We see no such evidence of unique or special circumstances in the present action.

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