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:
AA00008543:00035

Full Text











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CLAIMS


STATES


DEP


WAR


DOCKET


NO.


Paduine Heller,


TOWY


CLAIMS


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COMMISSIONER


COMMISSION


AND


DECISION NO.


IN THE MATTER OF


flEASRONABTLEJ


SINDE
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FEES


FOR


ATTORNEYS


SECTIONS


ACT


'(329


C~rknknt


Whitman & K nauth, Inc., Agent


CHANDLER P. ANDERSON


Amercan Oommsnaoner


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U. S. GOV.BNMBNT mhBINTIMNG 05


AMERICAN


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GERMANY


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MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established


pursuance of the Agreement


between


United


States


Germany


of August


1922


CHANDLER


A~NDERSON


American Comm is ioner

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THE


MIXED


CLAIMS


COMMISSIONER

COMMISSION


UNITED


STATES


AND


GERMANY


DECISION NO.


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5rA~ "I
fLY. .1


IN THE MATTER OF


REASONABLE


UNDER


THE


SETTLEMENT


FEES


FOR


AUTHORITY


WAR


ATTORNEYS


OF


CLAIMS


SECTION


ACT


OR


9 OF
1928"


DOCKET NO.


7329


Pauline


Heller,,


Claimant


Whitman & Knauth


Inc.


SAgent


The above named claimant has duly filed with the American Com-


hsloner a
her to h


written
ar agent,


request that


he fix


Whitman & Knauth


a reasonable


, Inc., of New


York


paid
City,


Sas compensation


the.. agent on


iCh services


behalf


being


whatever


of and


of the


with


character


services


have


authority


described


been


of the


in the


rendered
claimant,


provisions


ion. 9 of the Settlement of War Claims Act of 1928."


i*i b
i The claimant has objected to the amount of the


fee asked by the


AMERICAN





260


giving the information


which they desire to


have considered by the


Commissioner


showing


reasonableness


asked,


which information has been brought to the attention of

lt, who has filed a letter in reply, a copy of whih h
who cop 0* w*c na A u *:* *" */* **''**^


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fitted to the attorneys


for the agent.


this case, an award was


rendered


by this Commission on No-


member 8, 1926, on behalf of the claimant, for $3,141.50,


with interest


thereon at the rate of five per cent per annum from Angusl1


to the date of payment.


from the


Treasury


The total amount received by the claimant


Department, on dr about June 25,


1928, in


pay-


ment of this award was $4,864.56.


The


amount


asked


services of its attorneys, Katz
Sdisbursements, is a sum equal


agent,


w


Sommerich, and


to fifteen


which
all


includes
expenses


and


per cent of the amount re-


ceived by the claimant from the Treasury Department in payment of


her award.
The conditions and circumstances of this case are in all


respects


identical


sioner in his


with


decision,


that


dealt


(Decision


with


No.


40),


American


rendered


June


essential
Commis-


1929,


na similar proceeding, brought by another claimant, for fixing the
eeas to be paid to the same agent who represents the claimant in this


ase.


Here,


as there,


claimant,


December,


1922,


reply


tter from her attorney in fact, Knauth, Nachod & Kuhne, of New


York Ci-ty, requested that firm to file a claim
n her behalf. This fi had informed the cl


filing


your


claim


and


with this Commission
aimant that its charges


services


ultimate


collection thereof will be 5% plus attorney's fees and disburs
not to exceed an additional 10% on the net amount" collected.


Whim was included in a, list of claims presented


ements


This


the Department


~f State


Katz


Sonmerich,


attorneys f
I F 1


Knauth,


Nachod &


v~~rtrm tn ,i .1 .2 .r -J i -- .L


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g. ... and it contained


261


powers of substitution.


It assigned


Ent so much of the claimant


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' i easonably
.vices her
S rOceedings
L..
.eiae.. were a
Slithe agent as
:to the condu
lxi~utfil after 1


ver whatever


sustained


reunder


cost and


together


with


rendered


before this
inductedd by


right, title, and interest in the claim


expenses"


a fee


agent


the agent


commensurate


or its


"may


have


with


attorneys.


Commission leading up to the award in this


Katz & Sommerich,


s substituted attorneys.


who were appointed by


The claimant made no objection


ict of her claim or to the compensation fixed by the agent
:he enactment of the Settlement of War Claims Act' of


128," which


Section


9 authorized


the American


Commissioner


Sfix reasonable


fees upon


the request of claimants.


The reasons and considerations set forth in Decision No.


40 above


mentioned,


which


hereby


incorporated,


reference,


this


decision,


apply


equally


this


case


and


result


in corresponding


conclusions.


Now,


therefore,


considering


that


payment


any


agent and its attorneys was contingent upon securing and collecting
| an award, and that the fee to be paid includes all disbursements and


expenses, and considering the character and extent and
Fs devices rendered by the agent and its attorneys, and in


value of the
view of the


considerations


stated


general


Jurisdictional


and


Adminis-


trative


Decision


rendered


American


Commissioner


under


I' date of September 28, 1928, and after careful examination and full
.consideration of the information furnished in these proceedings by
Sthe agent, its attorneys, and the claimant, and by the records of this


LICommission


pertinent


questions


involved,


and


after


due


deliberation thereon,


,4 ..,,


The American


Commissioner


decides and fixes as the


reasonable


fe.to be paid by the claimant, Pauline Heller, to her agent,


.& Knauth, Inc., in


this case, an amount equal to


Whitman


fifteen per cent of


ithe amount received by this claimant from the Treasury Department







262


and collection of this claim


as defined


by Section 9 of the "SttI


ment of War Claims Act of 1928."


SDone. at


Washington, D..


C., this 26th day of June, 1929.


CHANDwER P ANDERS&ON


American


Commissioner,


Miwed Slaims Commin son

United States and Germany.


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UNIVERSITY OF FLORIDA
H I II 111111 II11111 11111111 lI
3 1262 08484 1963