Decision no. ... in the matter of fixing reasonable fees for attorneys or agents under the authority of Section 9 of the...

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Material Information

Title:
Decision no. ... in the matter of fixing reasonable fees for attorneys or agents under the authority of Section 9 of the "Settlement of War Claims Act of 1928."
At head of title:
American Commissioner
Physical Description:
v. : ; 23 cm.
Language:
English
Creator:
Mixed Claims Commission, United States and Germany
Publisher:
U.S. G.P.O.
Place of Publication:
Washington, D.C
Publication Date:
Frequency:
completely irregular

Subjects

Subjects / Keywords:
World War, 1914-1918 -- Claims -- Periodicals   ( lcsh )
Claims vs. Germany -- Periodicals -- United States   ( lcsh )
Genre:
serial   ( sobekcm )

Notes

Dates or Sequential Designation:
No. 1 -
General Note:
Title from cover.

Record Information

Source Institution:
University of Florida
Rights Management:
All applicable rights reserved by the source institution and holding location.
Resource Identifier:
aleph - 004822591
oclc - 50038280
System ID:
AA00008543:00021

Full Text











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VIIXED


UNITED
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CLAIMS


STATES


.DECISION


AND


NO.


IN THE MATTER OF


REASONABLE


FEES


FOR


ATTORNEYS


OR


UNDER


THE


:" SETTLEMENT
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AUTHORITY


WAR


CLAIMS


SECTION


ACT


9 OF

1928"


DOCKET


NO.


2005


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e Escalera, Claimant


M. Herrero, Attorney


HANDLER P.

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ANDERSON,.

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AMERICAN


COMMISSIONER


COMMISSION


GERMANY


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MIXED


CLAIMS COMMISSION,


UNITED


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Established in pursuance of the Agreement between t
United States and Germany of August 10, 1922



CHANDLER P. ANDERSON
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DECISION


NO.


IN THE MATTER OF


REASONABLE


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p .AGENTS
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qpflera wri

hin to his


UNDER


THE


FEES


FOR


AUTHORITY


ATTORNEYS


SECTION


OR

9 OF


SETTLEMENT OF WAR CLAIMS ACT OF 1928 "


DOCKET NO.


Escalera


B.errlere


Named claimant duly filed


tten


request that


attorney,


Juan


2005


Climattorney


?. Attorney


Commis-


paid


a reasonable


San


Juan


Porto


Rico,


f.;; co mpensation for services rendered by him on behalf of and with


the authority


of the


claimant


such service


being


the character


described in the provisions of Section


9 of the Settlement of War


S.I a na a M


Jose


Juan .


with the American


Herrero,


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358


ming the information


which


desired


have


considered


by the


asoner as showing the reasonableness of the fee a
whieh information was brought to the attention of the claimant, wo
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ile da
torney.


letter in reply, a copy of whih
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The


parties


have


furnished


was


adfit


request by the American
request A*


Commi


ssioner.


It appears that on January 11,
attorney to prosenite and collect a


1923,
claim


claimant empoye


before this Commission on


account of


property


lost


and


injuries


suffered


through


sinking


af the steamship Caroina, on June 2, 1918, by a German m
x 7 ? my *~ '


and agreed to pay the attorney


his services ." 40%


nity awarded," the attorney to pay all expenses.


of the indem-


Thereafter


the at-


torney duly filed a claim and performed services in


proceedings


before this Com mission; as a result of which an award was rendered


on September


1924, on


behalf


of the


claimant


$1,000,


with


interest thereon at the rate of five per cent per annum from November


11, 1918, to the date of payment, and


for the


further


sum


of $500,


with interest thereon at the same rate from November


1, 1923.,o .the


date of payment.


On June 18, 1928,


Treasury


Department paid


cthe laimant the sum of $2,098.22,


in settlement of his award.


The attorney states that on June 27


1928


, in reply to an inquiry,


the


Treasury


Department


informed


him


that


award


had


been


paid


claimant;


that


thereupon


communicated


with


claimant by


long-distance telephone and


demanded


payment


of his


l ees; that the claimant promised to send him $400, intended as total


payment,


but that


informed


claimant that


this only as partial payment,


" as we had a contract for tl -pnyu


-of fees


and


furthermore


I knew


that


had


requested


- (the American


Commissioner)


fees."


Thr


aorey further states that on


,hinT n nerhnrr


rt!nnr


U U IIuts~L3 *s


the
b


following


rt rt ChA


day the
I +1l^+ n


claimant sent


I flflhI flftIlI7


fibs


.


^


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359


erican Commissioner to fix the


at a time when


there was no


tion


on the


claimant'~


part


pay


anything until


a decision


t been rendered in


giant had


requested


is proceeding.
the American


The attorney
Commissioner


knew that the


fees


r the


provisions


Section


9 of


Act.


accepting


a fee


A admittedly was tendered


full


payment,


without an


under-


ding


with


claimant


that


would


applied


on account


ing a


decision


American


Commissioner


and


any


excess


nded if a smaller amount was fixed as the proper fee, the attor-


has deliberately changed the


tatus of the question submitted


' proceeding.


i~ihe .American Con
irsdictional Decision


their attorneys


Umi


ssioner


held


of September 28,


agreed


upon


a fee


Administrative


1928,


that


when


satisfactory to


and


claimants
claim ant


* was unnecessary and inappropriate under the terms of the Act
. ask him to intervene for the purpose of passing upon the reason-


sianess


thus


agreed


upon,


and


that


accordingly


Sa.efncan
: .:.. he
War the


Commissioner


purpose


would


this


in such


proceeding,


cases.


question


submitted


Compromised


direct


action


between


parties,


and


nrican Commi


ssioner holds that it is not desirable or appropriate


,,him to undertake to fix the attorney


fee in this case.


Washington,


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this 3d


CHANDLER P


day of September, 1929.


ANDERSON,


Miwed


Claims C kommision,


States


and


*!8
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American Commissioner,


United


Germany.





UNIVERSITY OF FLORIDA




twIII IIi IlIuInII tIuIInIM

3 1262 08484 1823


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