Opinion
No. 12114.
June 23, 1949.
Action by Grange Oil Company of Linn and Benton Counties, a cooperative corporation, against the Michigan Millers Mutual Fire Insurance Company, a corporation, on a fire policy. On plaintiff's motion in the Court of Appeals for allowance of attorneys' fees.
Fee allowed in accordance with opinion.
See also 175 F.2d 540.
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.