Occidental Life Ins. v. Eiler

Eighth Circuit Court of Appeals

Decided March 7, 1942.

Eighth Circuit Court of Appeals · decided 1942-03-07

2 counsel of record

Relies on Occidental Life Ins. v. Eiler

Good law ✅— No negative treatment on recordhow we know

Opinion by (per_curiam) · Decided 1942-03-07

How this case has been cited

Cited by 6 later decisions — most recently July 1996

1 federal appellate ·

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

View the full empirical analysis of this case →

¶1For prior opinion, see 125 F.2d 229.

¶2James C. Jones, Jr., of St. Louis, Mo. (James C. Jones, W. A. Welker, and Jones, Hocker, Gladney & Grand, all of St. Louis, Mo., on the brief), for appellant.

¶3Frank L. Ramacciotti, of St. Louis, Mo. (Raymond E. LaDriere, of St. Louis, Mo., on the brief), for appellee.

¶4Before GARDNER, SANBORN, and WOODROUGH, Circuit Judges.

¶5PER CURIAM.

¶6In its petition for rehearing the appellant challenges the power of this Court to add damages for delay to the judgment which it has affirmed. Whether the addition of such damages is a matter of substantive right governed by State law or a matter of procedure controlled by Section 878, Title 28, U.S.C.A. and Rule 31 of this Court, we think it is not necessary to decide. From either viewpoint this Court has power to impose- damages, being satisfied that the appeal is without merit and appears to have been taken merely for delay.

¶7The petition for rehearing is denied.