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.