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:
AA00008543:00028

Full Text


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64


FOR


AUTHORITY


THE "SETTLEMENT OF WAR CLAIMS


ATTORNEY


SECTION


OR
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.ra:


tter, Administrator of


etude'4


Whitman & Knauth /Inc.,



CHANDLER P. ANDER


NO.


1051


Estat


Am


erwa6nl


Commi ssione


AMERICAN


MIXED

UNITED


CLAIMS

STATES


IO1


MATTER


FEE


Claimant


Lucldwig


Jefter.


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MIXED


CLAIMS


COMMISSION,


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GERMANY


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


CHANDLER
American


P. ANDERSON
Commissioner

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THE


AMERICAN


MIXED


CLAIMS


COMMISSIONER

COMMISSION


UNITED


STATES


AND


GERMANY


DECISION


NO.


IN THE MATTER OF


FIXING


AGENTS


REASONABLE


UNDER


FEES


FOR


THE AUTHORITY


ATTORNEYS
OF SECTION


OR


9 OF


THE SETTLEMENT OF WAR CLAIMS ACT OF 1928 "


DOCKET NO. 10518


Louis H.


Jetter, Administrator of the Estate of Ludwig H


Jetter,


Deceased, Clarmatnt


Whitman & Knauth, Inc., Agent


The above named claimant has duly filed with the American Com-
missioner a written request that he fix a reasonable fee to be paid


by him to his agent,


Whitman & Knauth


, Inc., of New


York City,


., as compensation


for whatever services have


been rendered


by the agent on behalf of and with the authority of the claimant,
such services being of the character described in the provisions of
Section 9 of the Settlement of War Claims Act of 1928."
The claimant has objected to the amount of the fee asked by the


Hj
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:ii







432


information has been brought to the attention of the claimant,


who


has filed several letters in reply.
In this case an award was rendered by this Commission on Novem-


1929


thereon at


on behalf of
i rate of five


claimant


$380.19,


cent per annum


with


interest


from December


1918,


date


payment.


The


total


amount


received


claimant


from


Treasury


Department in


payment of this award


was $604.84.


The award in this case represents claimant'


interest in


the estate


of Luise


this


Eisinger.


Commission


under


award
Docket


based


on identic


facts


was


made


7485, John Jetter, claimant.


It appears from the information filed by the


parties and from


records of this


Commission


that on


March


, 1925,


notice


claim was given to the Department of State by Congressman John J


Boylan


of New


York.


On January 22,


1929, the American Age


before this Commission


wrote to the claimant concerning the claim,


enclosing four copies of Questionnaire Form No. 2 relative to estate


claims.


On January 29, 1929, claimant employed the agent to ,reIpre-


sent him in this matter.


It wa


found necessary to have an admini


trator appointed in order to file the claim.


On February 4, admini


tration


proceeding


were


instituted


and


on February


letters


administration


claim


were


was prepared.


granted.


February


On the same date


a statement of


, claimant signed a


power of


attorney, in


favor


of the


agent


(who


once


executed


a substitute


power of attorney in favor of Katz & Sommerich)


and an agreement


to pay the agent


(and/or it


attorneys)


"a sum equal


to twenty-five


percent


of the amount of any award plus interest


which may


be received on said claim.


The said compensation is for all services


heretofore rendered and services to be rendered in connection


there-


with."


same date,


claimant


signed


a further


agreement


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i


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I.


433

The character and extent of the services rendered by th!e agent and
its attorneys on behalf of other claimants were the subject of consid-
eration in Decisions Nos. 40, 41, 42, 43, 44 and 45, in which the Amer-
ican Commissioner held that an amount equal to fifteen percent of


the amounts received


by the


several claimant


from


Treasury


Department was reasonable.


Now, therefore, in view of the considerations above set forth,


and


of those


stated


general


Administrative


and


Jurisdictional


Decision and


in Administrative


Decision


No. II, rendered


by the


American


Commissioner under dates of


September


1928,


and


August 30, 1930, respectively, and after careful examination and full
consideration of the information furnished in this proceeding by the
agent and the claimant and by the records of this Commission perti-
nent to the questions involved, and after due deliberation thereon,


The


American


decides


that


payment


already made for services rendered in securing the appointment of
the claimant as Administrator to enable him to prosecute his claim is
to be deducted from the amount of the award received by the claim-
ant in accordance with the provisions of the power of attorney exe-
cuted by the claimant on February 19, 1929, and that in accordance


with Administrative Decision No.


II, the attorneys are entitled to


receive a fee of fifteen percent of the balance, after deducting $75.00


from $604.84 paid under the award
to $79.48.


being 15% of $529.84, amounting


The American Commissioner accordingly fi


as the


reasonable


fee to be paid by the claimant, Louis H. Jetter, as Administrator of


the estate of Ludwig H. Jetter, deceased, to his agent.,


Whitman &


Kna uth


Inc.


, in this case, the sum of Seventy nine dollars and forty


eight cents ($79.48), the said fee to include the services of Katz &


Sommerich


,the attorneys for the agent,
a


(and all expenses and dis-


hllTrpmpents -nrl tn hp n1I] -I hv thl canIrl er1mni1nt nnrl rpeppvpri' hv thp


Conm~issionei





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