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:
AA00008543:00036

Full Text




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MIXED


JNITED


COMMISSIONER


COMMISSION


AND


GERMANY


DECISION NO.


IN THE MATTER OF


REASONABLE


UNDER


THE


SETTLEMENT


FEES


FOR


AUTHORITY


CLAIMS


7393


(3-3)


Claimant


Frey,


ANDERSON


h= -1: : -ti.


GOVBBNMNNT PRINTING OITICH: 1B29


AMERICAN


CLAIMS


STATES


ATTORNEYS


WAR


SECTION


ACT


DOCKET NO.


9 OF
1928 "


Fri eden clca


WMhtman & Knauth, Inc., Agent


CHANDLER


A merican Commissioner




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41 1
I2
i 0


MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established


United


in pursuance of the


States and


Germany


Agreement
of August


between


1922


CHANDLER P,


ANDERSON


American Commissioner
(IX)


ttt. E" i


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THE


COMMISSIONER


COMMISSION


AND


GERMANY


CLAIMS


STATES


DECISION NO. 42

IN THE MATTER OF


II -;
SflIN
It. N*


REASONABLE


FEES


FOR


ATTORNEYS


OR


:AGENTS
THE "S:


UNDER


THE


SETTLEMENT


AUTHORITY


WAR


CLAIMS


SECTION


ACT


9 OF
1928"


DOCKET


NO.


'393


Friedericka Frey, Claimant


Whitmianm Knauth, Inc.,


Agent


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


al.nissioner a written request that he fi


a reasonable fee to be paid by


|Iser to her agent,
ais compensation


Whitman & Knauth


whatever


services


of New


have


been


York City, N


rendered


Agent on behalf of and with the authority of the claimant, such serv-


ices being of the character


described


in the


provisions of


Section


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


The claimant


has objected


to the amount of the


fee asked


bv the


AMERICAN


MIXED


UNITED


6 ...?


/





264


a.
Ij
i


giving the


information


which they


desire to


have considered by the


Commissioner as showing the reasonableness of the fee asked, copies


of which


affidavits have


been


transmitted


claimant,


who


has


filed no reply thereto.
""Li. FixqAi""" I"E"I AAAA AA A AA AA ^A A A ..*.* --"-























B'E ^KKKK- KK^ KE" K^ X XS X ^ ^^^ ^ V


In this case


an awal


rd was rendered by thi


Com ission


her 8,2S6, on behalf of the claimant,
8,** .


for $2,000,


with in ere n on


:&t the rat of five per t oal aou anum frt om i t
Eof paiment The total anTount received by th


e nlamn


he reasuy Department, on or about July 23,


1928


Sin payment-of


tis award,


was $3,108.54.


SThe


amount


ft


series of its attorneys,
K l t *-uuuuu^^Jlc e sLIU: ^K^o ^^B ^ J~k ^U -~ ^W^U- i:m*uU:M^* ~.:^U^ U^


e asked
Katz &


agent,


Sommerich


which


and


includes
expenses


the
and


d~bursements,


is a sum


equal


rec.ived by the claimant from the


fifteen
Treasury


cent


Department in


amount
payment


or ntr awaS
The cond

sioner in h

a snnimar pi
to be paid
In Febru
K Kauth, N



St ,
Veenb X


A
>0<>
01<


A i. -.- z


"In


itions and


enlticalI


with


is decision,


circumstances


that


dealt


(Decision No.


of this case


w ith
40),


in all


Americ:


rendered June


roceeding, brought by another claimant., for f
o the same agent who represents the claimant
tary 1916, the claimant, by a power of attorney


achod & Kuihne, of New


ent of


this


the estate of her


firm,


through


York
aunt


(


Filiale


Goppingen, collected claimant';


was deposited


& Kuhne
0! i


tole her claim


with that bank.
a letter to the


with
and


In December
claimant stati


Commission


, its


services


ul


essential


an Commis- *
25, 1929, in
ring the fees
*i :
in athois a.
, authorized .


it.y, to represent her in
who died in Germany.
der Wurttem jJ gj
share of the estate, which
r, 1922, Knauth, Nachod
ing that if she desired it
charges for filing youth
timate collection thereol


%.i'


A,


will b


plus attorneys'


and


bursements not to exceed a


additional 1


10%


on the


- -


amount"


collected.


This


claim


was n-


A
0i
0:,C
A;il::


aE~
p""EE,"P"


r;i
El~: i: Fsil'
Ilia::r
4,:1


v~i~i~r


**


::" .iI


"s


.


1


[


, W






~ou


revoked


powers


Lb a
ied powers of substitution.
claimant's right, title, and


attorney


previously


given,


and it


It assigned to the agent so much
interest in the claim "as will cover


er costs and expenses" the agent "may


have


reasonably sus-


wri : :


4 together with a fee commensurate with the services hereunder


~itmred
..L..!HIsl Do
L~ srppo
:


re ot


Sby the agent or its attorneys.


cember 14, 1925,
rt of her claim,


attorney


given


the claimant signed and


verified a petition


which states, among other things,


Whitman


Knauth,


Inc.,


that the


revoked


wer of attorney given to Knauth, Nachod & Kuhne.


All proceed-


sbefoi
iZL". :dll
.t....contl
Wht as s
Scondu
Saccep
r&i; w iid h
moreover,
di a with
i :*\ ...


'e


Commission


ucted by


leading up


Katz & Sommerich,


mbstituted attorneys.


ct of her claim,


ted


the offer


claim
claim


but,


award


whio


The claimant


were appointed


made


case


by the


no objection to


on the contrary, expressly


an award


was cons


Anna


idered


Bernard


made
by thi


Eis,


approved


German Agent.


Commission in


under


same


connect.
docket


. umber,


where a similar award


was rendered;


and it appears from


te records of the American


Commissioner


that Mrs.


Eis has paid


*1
H


B


fee requested by the agent herein.


The reasons and considerations set forth in Decision No. 40,


which


re hereby incorporated,


by reference, in this decision,


apply equally


Si.this case and result in corresponding conclusions.


Now,


therefore


, considering


that


payment


any


;vent and its attorneys was contingent upon securing and collecting
** .award, and that the fee to be paid includes all disbursements and
senses, and considering the character and extent and value of the
irices rendered by the agent and its attorneys, and in view of the


siderations stated in


the general Jurisdictional and Administra-


e.Decision rendered by the American Commissioner under

At S.eptember 28, 1928, and after careful examination and full


date
con-


1is:.


II





266

of the amount received by this claimant from the Treasury


Spaymentof the award rendered on her behalf
idlude the services of Katz & Sommerich, the atto:


I:
II:."I

Depart-


rneys for the


all expenses aoi


disUburs emients,


and


pala


dd caimant andreceivea by the agent for itself and itsao
as full compensation for all services rendered in the prosecution and


collection of this claim, as defined by Section


9 of the


" Settlement


of War Claims Act of 1928."


Done at


Washington, D.


this 26th


day


of June,


1929.


CHANDLER P.


ANDERSON,


American Commissioner,
Mixed Claims Commission,


United


States


and


Germatq,.


'Aid
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