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:
AA00008543:00042

Full Text



















AMERICAN


COMMISSIONER.


MIXED


CLAIMS


COMMISSION


ITED


STATES


AND


GERMANY


DECISION NO.


IN TH- MATIUR WI..


.-... .;r :


fe:,.EASONABLE


FEES


FOR


ATTORNEYS


OR


8b UNDER


I
I
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1.
in. .r.H I.
ri.


THE


SETTLEMENT


WAR


OF


CLAIMS


SECTION


ACT


9 OF

1928 "


DOCKET NO.


5802


Regina Freisinger,


Fran, &


Becker, Attorneya:


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CHANDLER P


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AUTHORITY


Claimant'


American Comaio


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MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND


GERMANY


Established


United


in pursuance of the


States and


Germany


Agreement
of August


between


1922


CHANDLER


ANDERSON


American Oomeiaaioner
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THE


AMERICAN


COMMISSIONER


MIXED


CLAIMS


COMMISSION


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UNITED


STATES


AND


GERMANY


DECISION


NO.


IN THE MATTER OF


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h
'No


REASONABLE


FEES


FOR


ATTORNEYS


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UNDER


THE


" SETTLEMENT


AUTHORITY


WAR


SECTION


ACT


9 OF

1928"


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Regina F

Franc &


named


claimant


a written


0


attorneys,


npensation


I
retain ger,


tha


Franc


whatever


-I


5302


Olaimant


Becker, Attorneys


filed

fix a


with


reasonable


services


have


been


York


City,


rendered


ys on behalf of and with the authority of the claimant,


being

the "


of the


characi


Settlement


flJ- La,.. ak4an4n2E 4 e-k a 't~ a.. a .4~ 4 a San a .- .-. Lne. a


CLAIMS


DOCKET


NO.


dul3
Lt he

& &


request


American


Becker, of New


;er described

War Claims


in the

Act of


provisions


1928."


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by the Commissioner as showing the reasonableness of the fee askH.
which information has been brought to the attention of the claimant, .
who has filed several affidavits in reply, copies of which have been


transmitted


Mr. Franc.


In this case, an award was rendered by this Commission on April


2, 1925,


on behalf of the claimant, for $1,792.87,


with interest thereon


at the rate of five per cent


per annum


from August


, 1917, to.the


date of payment; and for $610.00,
five per cent per annum from Nov


meaL


with interest thereon at the rate of


,1917, to the date of phy


The total amount received by the cl ant fn


Deparbmeut on or about May 31, 928, in payment t


asa~
if-I,


was $3,700.85.


The amount of the fee asked by


the attorneys, a


for their services in this matter, is twenty-five


in addition to their disbursements,


per cent of $3,700,8O,


which amount to $13.93.


It appears from


the affdavits and


documents filed


and


from


records


this


Commission


, that


claimant'~


brother,


Moses


Traub,


died at Banmberg, Bavaria, on October 24, 1916


that tiah


in the estate of her brother


as one of the heirs at


law, consisted of


cash in the amount of 10,303.9 Marks and German


War


Bonds of the


face


value


5,000


Marks


which


were


taken


over


German


Alien Property Custodian; that while in Germany in


the summer of


1920 claimant


presented her claim


the Custodian


in writing.g an


$ater 0om pnded with that social


that the u.todisa


letter dated September 5,


1924,


with reference to the claim


case


with


Mrs.


Freisinger


the German American


an American


Mixed


citizen,


Claims Commission


may


lodge


at Washington,


claim
wbl&*,


however, should have been done prior to April 4, 1923.
Later in September, 1924, on the recommendation of Albert Weiler,


a kinsman of the claimant


, she retained the attorneys herein,


Franc &


Becke


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present a claim against Germany through the Department


.






291


1 upon your claim.


You are to bear any expenses entailed in the matter,


gt.e will not incur any substantial expense without your prior authorization.
IJQ$1 words, our compensation is contingent upon success, and if we should
!:o..:collect your claim then we will make no charge against you for our
l...ee but you must defray expenses as above mentioned.
I'u


lase confirm by yoi
*:.:**!" *
i of -this letter to Mr.


reply


the above


arrangement.


are sending


Weiler.


& "is affidavit of July 28,
i .. .* : *. *
ti '" s. *


1928, filed in this proceeding, Mr. Franc


that in response to this letter the claimant "informed


us that


*' aeemo oa r euoa":h*..v.w..ith
it"","ecepted the terms of our ofer and requested us to go ahead with
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g paration
, :: *, ,,, ,, : a,
a.)ik.i~easons I

H.$l ps taken
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:F,' MBL "* U "


N:: *I: **
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of the claim."
ereinafter stated


, it is unnecessary to outline in detail


by the attorneys, or the character and


Stndered by them, in the prosecution ot thi


extent of the


claim.


They are


Idouin considerable detail in the affidavits filed in this proceeding.
*:. *S ---


S.


ugh the cooperation of the Agency


of the


United


States


before


C commission


, and through the courtesy of the Agent of Germany,


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.iiSiif^ **wAithir


*f42::. .$ti.


was


obtained to list this claim with the Commission among


claims


, because it had been presented to the authorities in


though not to the Mixed


1


which


present


such


Claims Commission


claims


had


expired.


before the


After


i g by the attorneys of petitions verified by t
Hh
ffteitth her citizenship and the facts upon which h
SMlla ... ported by corroborative documentary evidence,
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e claimant,


r claim


setting


was based,


an award was ren-


this Commission on behalf of the claimant for the amounts


stated.


ril 24, 1925,


rd.


the American Agency notified


following


lion to the claimant


[eased to confirm


day,


Mr.


, stating in his


the good news


Franc
letter:


the attorneys of


communicated


this


gave you over the telephone this


* *


There is no telling when


these and similar claims will be paid, as


A a L -- a t... h.. 1 an ea n a a 1 aL n w W -w


Mi.


~I. .


E: '.


Dr


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292


May


1925,


attorneys


again


wrote


claiun,


stating:
We enclose herewith for your signature a letter addressed to us agreeing to
the terms on which we are representing you in the above entitled matter, as pe
our letter of October 9, 1924.


We have shown th


letter to Mr. Albert Weiler for his approval, as requested


by you, and you will note that he has


indicated his approval on the lower left-


hand corner thereof.


After signing,


please return


the original for


our files,


retaining the aSm


copy for yourself.

The letter which


was enclosed and


which the claim


returned to the attorneys was dated April 29,


1925.


It was endorsed


"Approved by Albert


Weiler, 9/29/1925," and stated:


Replying


your


letter


of October


1924,


I hereby


agree +1heflip t's.f.i


expressed


therein


upon


which


agree


to represent me


connection


with


my claim against the German


Government for my share of the estate of my


brother,


Moses


Traub,


sequestrated


German


Government


dunn


late war, namely, that I am to bear any and all expenses entailed in


and that you shall receive as your compensation,


twe mat


contingent upon success J57


of any


and all money and other property


collected


or realized


upon my said


claim, the same to be payable if,


when, and as collected.


It is understood, however, that should you completely fail in *


this behalf,


then you will make no charge for your services, but I


theless, defray any expenses entailed,


as above stated.


This letter w


neys


after the


as sigi
award


ned


was


by the claimant and


made


services rendered by the attorneys


1~


tion of this claim before this Commi


n the
ssion


returned to the attor-


Commission
presentation


had


been


fully


U jJLl UVUCU*
co mp.t .d
completed, ::


and it was definitely


known both to the claimant and h-"


exactly the character and extent of the services rendered. Accord
ingly, the- amount of compensation fixed by them in their agreement


re resents their deliberate and informed


opinion as to


the


value of


h.
WI
"LIV.


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sueh-kssakices.


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nig the


American


Commissioner


reasonable


fees


ceding, that he would disregard an agreement thus reached


IEthe claimants and their attorneys.
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*Oecd shows that the claimant en
.. .. .-1 ::.
X i U 1a a


imendation


kmnsman,


iployed


Mr.


Weiler,


these


attorneys at


a man


wide


Sespecience; that the attorneys' services were to be rendered,


'rendered,


to the claimant on a contingent


basis;


that the


I duly informed the claimant of the action they were taking


alf; that the claimant approved the action taken, and has


--
II!':.


H.-e
ii4 ~he^HJ
All ^!^


the


benefit of the services rendered


approval


kinsman,


by the


which


attorneys;
requested


and


ys to obtain,


the claimant confirmed


fee agreement with


C


.
~ "torn
id~the
1.
C
-= ~IH


She applied for and received payment of her award


Treasury


American


Department;


and


Commissioner


in these


been


proceedings


represented


ii'..


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~
5' .1 1
EOUEIUVUFsS
M.::r..:.H.


a circumstances, the American Commissioner holds that the


interests in making her fee agreement with these attorneys


I.. H. .
Xmi bI .y protect<
V.
* :.** .* : *.
. agreement
:: t .., ,
1u.~i^s.* *r


and, accordingly, that the contingent


was a reasonable


fee within


IN' A as -ann qq


the meaning


fee fixed


of the


view


swent or War claims Act or iaim."
I," ,therefore, in the circumstances above set forth, and in
ia"3 ... a


consideration stated in the general Administrative and Juris-


i Decision


rendered


American


,M,, M,,,, ,,,
i: I: September 28, 1928, and after careful
! ..IM ."


Commissioner


under


examination and full


ration of the information furnished in this proceeding by the


r;nbk. w
~y.,. ~


7 and


the claimant and


questions


by the


involved,


records of this


and


after


due


Commission
deliberation


, American
. .1 ""


Commissioner


decides


and fixes


as the


96e paid by the claimant, Regina Freisinger, to her
H: *


I.


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mm myrmm


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War Claims Act of 1928."
Done at Washington, D. C., thi


CuA


UNIVERSITY
111 Jihj Iii 111"'T
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S"294 3 1262 08
c.c.ld tM ..
collection of this claim, as derided :in -Section .9 of *


V, r
/.'"
"\ 1 ]-H
S9th day of July, 1929. j
DLER P. ANDEESON,
American s.Commri8aw ..i.
..e "la .o.F
Mkied Cluhms .i


United States and


OF FLORIDA

IIl 11111111111111111111
484 2037


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