Michigan Millers Mut. Fire Ins. Co. v. Grange Oil Co., 12114.
| Citation | 175 F.2d 544 |
| Decision Date | 23 June 1949 |
| Docket Number | No. 12114.,12114. |
| Parties | MICHIGAN MILLERS MUT. FIRE INS. CO. v. GRANGE OIL CO. OF LINN AND BENTON COUNTIES. |
| Court | United States Courts of Appeals. United States Court of Appeals (9th Circuit) |
Griffith, Peck, Phillips & Coughlin, James K. Buell, Portland, Or. (Heineke & Conklin, Chicago, Ill., of counsel), for appellant.
Weatherford & Thompson, Mark V. Weatherford, Albany, Or., and Hart, Spencer, McCulloch, Rockwood & Davies, Hugh L. Biggs, William W. Wyse, Portland, Or., for appellee.
Before STEPHENS, ORR and POPE, Circuit Judges.
Appellee has moved this court for an allowance of attorneys' fees pursuant to 5 Ore. Code, Supp. 1935, § 46-134. This court has construed that statute as authorizing an allowance of an attorney's fee by us. Horwitz v. New York Life Insurance Co., 9 Cir., 80 F.2d 295.
Two conditions are specified in the statute which must occur before attorneys' fees may be allowed by an appellate court:
1. Allowance of attorneys' fees by the trial court; and
2. Affirmance of the judgment by the appellate court. American Surety Co. of New York v. Fischer Warehouse Co. et al., 9 Cir., 88 F.2d 536. The trial court allowed an attorneys' fee. We have this day filed an opinion 9 Cir., 175 F.2d 540, affirming the judgment of the trial court. A fee of $750 is reasonable and we allow that amount.
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New York Life Insurance Company v. Lee
...under the Oregon statute in the federal court. Horwitz v. New York Life Ins. Co., 9 Cir., 80 F.2d 295, 302; Michigan Millers Mut. Ins. Co. v. Grange Oil Co., 9 Cir., 175 F.2d 544. In Edner v. Massachusetts Mut. Life Ins. Co., 3 Cir., 138 F.2d 327, the claims of the adverse claimants to cert......
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