See Machinery Center, Inc. v. Anchor Nat'l Life Ins. Co., 434 F.2d 1 (10th Cir. 1970). Keeler v. Carpenter, 449 F.2d 437 (10th Cir. 1971); Kiner v. Northcutt, 424 F.2d 222 (10th Cir. 1970). Having reviewed the evidence presented by the appellant, we must conclude that sufficient evidence was presented to show the overwhelmingly preponderant proof was not so in favor of appellee as to permit no other rational conclusion.
Furthermore, the adoption of a federal test on the question of sufficiency of evidence has much support in the various circuit decisions. See, Messick v. General Motors Corp., 460 F.2d 485 (5th Cir. 1972); Keeler v. Carpenter, 449 F.2d 437 (10th Cir. 1971); Wratchford v. S. J. Groves & Sons, 405 F.2d 1061 (4th Cir. 1969); Brant v. Robinson Investment Co., 435 F.2d 1345 (4th Cir. 1971); Gudgel v. Southern Shippers, Inc., 387 F.2d 723 (7th Cir. 1967); Drenning v. Williams, 480 F.2d 1220 (3rd Cir. 1973); see also, 5A Moore, Federal Practice, ¶ 50.06, p. 2350 (2nd ed. 1974). In the case at bar, neither party emphasizes or contests the applicable standards to be applied in this case.