Dennis Rooney v. United States v. Reliance Insurance Company, Plaintiff-In-Intervention-Appellee

Good Law
694 F.2d 582·1982 U.S. App. LEXIS 23448
United States Court of Appeals for the Ninth CircuitDecember 9, 198281-4513, 81-4534California1,460 words

Opinion

Opinion

Fletcher, J.

Plaintiff Rooney takes these two appeals from two 1981 judgments of the district court. The first denied Rooney’s motion to compel payment of interest on a 1977 judgment against the defendant United States from date of entry of the 1977 judgment to date of payment of the 1977 judgment. The second denied Rooney’s motion for reimbursement by Reliance Insurance Company (Reliance) for work performed by Rooney’s attorneys on Reliance’s behalf. We affirm both judgments.

I. Availability of Post-Judgment Interest Under SI U.S.C. § 724a.

No interest is payable on a judgment against the United States except as specifically provided by statute. United States ex rel. Angarica v. Bayard, 127 U.S. 251, 260 , 8 S.Ct. 1156, 1160-1161 , 32 L.Ed. 159 (1888); Holly v. Chasen, 639 F.2d 795, 796-97 (D.C.Cir.), cert. denied, 454 U.S. 822 , 102 S.Ct. 107 , 70 L.Ed.2d 94 (1981); see also United States v. Louisiana, 446 U.S. 253, 264-65 , 100 S.Ct. 1618, 1625-1626 , 64 L.Ed.2d 196 (1980). Section 2411(b) of Title 28 grants interest on a judgment, like Roo ney’s 1977 judgment, that is rendered against the United States and is based on a claim under the Federal Tort Claims Act, 28 U.S.C. § 1346 (b)…

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