Michigan Millers Mut. Fire Ins. v. Grange Oil Co.

Ninth Circuit

Michigan Millers Mut. Fire Ins. v. Grange Oil Co.

175 F.2d 544, 1949 U.S. App. LEXIS 2397

CourtCourt of Appeals for the Ninth Circuit

DecidedJune 23, 1949

DocketNo. 12114

StatusPublished

Cited by1 cases

This text of 175 F.2d 544 (Michigan Millers Mut. Fire Ins. v. Grange Oil Co.) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Michigan Millers Mut. Fire Ins. v. Grange Oil Co., 175 F.2d 544, 1949 U.S. App. LEXIS 2397 (9th Cir. 1949).

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Opinion

PER CURIAM.

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. Plorwitz 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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PER CURIAM.

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. Plorwitz 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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Bluebook (online)

175 F.2d 544, 1949 U.S. App. LEXIS 2397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michigan-millers-mut-fire-ins-v-grange-oil-co-ca9-1949.

Opinion

1. Allowance of attorneys’ fees by the trial court; and

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