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Zurich Gen. Acc. Liab. v. Mid-Continent Pet

Circuit Court of Appeals, Tenth Circuit
Sep 22, 1930
43 F.2d 358 (10th Cir. 1930)

Opinion

No. 173.

September 22, 1930.

Appeal from the District Court of the United States for the Northern District of Oklahoma.

Action by the Zurich General Accident Liability Company, Limited, against the Mid-Continent Petroleum Company. From the judgment, plaintiff appealed. On defendant appellee's motion for relief from interest accruing on judgment during pendency of the appeal.

Motion overruled.

Ralph F. Potter, of Chicago, Ill., and R.A. Kleinschmidt, of Tulsa, Okla. (Cassels, Potter Bentley, of Chicago, Ill., and Kleinschmidt Johnson, of Tulsa, Okla., on the brief), for appellant.

R.H. Wills, of Tulsa, Okla. (J.C. Denton, J.H. Crocker, I.L. Lockewitz, and H.M. Gray, all of Tulsa, Okla., on the brief), for appellee.

Before LEWIS, COTTERAL, and PHILLIPS, Circuit Judges.


The appellee has formally moved for relief from interest accruing on the judgment herein during the pendency of the appeal. (C.C.A.) 43 F.2d 355. The motion is based on the ground that appellee was prevented meantime from paying the judgment. If the record sustained the position taken, the relief would be properly granted. Bates v. Dresser, 251 U.S. 524, 40 S. Ct. 247, 64 L. Ed. 388. But it appears from the judgment entry that the tender of $7,500 was abandoned, when appellee sought to withdraw its answer and file an amended answer "denying any liability whatsoever to the plaintiff," and moved for judgment to that effect. Appellee's contest of the entire demand precludes allowance of the motion. It is therefore overruled.


Summaries of

Zurich Gen. Acc. Liab. v. Mid-Continent Pet

Circuit Court of Appeals, Tenth Circuit
Sep 22, 1930
43 F.2d 358 (10th Cir. 1930)
Case details for

Zurich Gen. Acc. Liab. v. Mid-Continent Pet

Case Details

Full title:ZURICH GENERAL ACCIDENT LIABILITY CO., Limited, v. MID-CONTINENT PETROLEUM…

Court:Circuit Court of Appeals, Tenth Circuit

Date published: Sep 22, 1930

Citations

43 F.2d 358 (10th Cir. 1930)

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