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MICHIGAN MILLERS MUT. FIRE INS. CO. v. GRANGE OIL CO.

No. 12114.

175 F.2d 544 (1949)

MICHIGAN MILLERS MUT. FIRE INS. CO. v. GRANGE OIL CO. OF LINN AND BENTON COUNTIES.

United States Court of Appeals Ninth Circuit.

June 23, 1949.

Attorney(s) appearing for the Case

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.

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. 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...

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