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:
AA00008543:00044

Full Text







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AMERICAN


MIXED


CITED


AND


DECISION NO. 50


IN THE MATTER OF


REASONABLE


FEES


FOR


ATTORNEYS


OR


..TS


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UNDER


THE


,." SETTLEMENT


Elzabeth M


Martena &6


WAR


CLAIMS


Pigor claim mant


Goldsmith, attorney


CHANDLER P


ANDERSON


American Comnmissioner


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COMMISSIONER


COMMISSION


CLAIMS


STATES


GERMANY


AUTHORITY


SECTION


ACT


9 OF

1928"


DOCKET NO. 5139


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MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND GERMAt


Established in


pursuance of


the Agreement


between


United


States


Germany


of August


1922


CHANDLER


ANDERSON


American Commissioner


the






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COMMISSIONER


COMMISSION


AND


GERMANY


MIXED


UNITED


DECISION NO. 50


IN THE MATTER OP


REASONABLE


UNDER


THE


SETTLEMENT


FEES


FOR


AUTHORITY


WAR


NO.


ATTORNEYS


SECTION


ACT


CLAIMS


5139


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Elizabeth M. Pigors, Claimant

Martens & Goldsmith, Attorneys


t&e above-named claimant has duly filed with the American Com-


-sidoier a

ier to


as compensation


c a reasonable

Goldsmith, of


Pierre,


se paid

South


been rendered


written


Martens


for whatever services have


btthe on behalf of and

m" i servicess being of the


with


the authority


character


described


of the said claimant,


provisions of


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


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The claimant has objected


to the amount of the fee asked by the


AMERICAN


CLAIMS


STATES


OR


9 OF

1928"


DOCKET


request that


attorneys,


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filed


an affidavit and


a letter


in reply,


copies


which


have been


transmitted to the attorneys.
The amount of the fee asked by the attorneys as compensation for


their services in this matter i


fifteen per cent of the amount received


by the claimant


from


Treasury


Department


min payment of her


award in this case.


An award in this case was rendered by thi


Commission on Novem-


1925,


per cent


$340.48


per annum


with


interest


from August


thereon


1917


b the rate of five
date of payment.


The amount of the award


represents


depreciation,


valorized in


American money, in the value of an estate in Germany which claia-


an inherited


and


became


entitled


during


WHrad hc


she was prevented front receiving on account of war


legislation pro-


hitingthe removal


funds.
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The


total


amount
: s i


received


claimant


from


Treasury


Department


in payment of this award,


ba br aboit Tn 127, 98 was $527.41.
A brief chronological summary of


the


proceedings taken in


con-


section


w th


this


claim,


as shown


by the


records


of this Commis-


sion and the information filed by the parties,


will disclose the au


lor-


ity under which


the attorneys


presented


this


claim


and


the extent


and character of their services.


1916


John H


Gnadt,


an Ame


SSouth Dkota, died n Germany.


rican citizen,
His wife had


who had i
predecease


The claimant herein, an adopted daughter, was the only heir. The
attorneys herein were the attorneys for the administrator appointed


Dakot


They7


wEote


on WhalE


th.~


administrator appointed in


Germany on January


1917.|


Later they filed


a statement


of facts


with the


of State in support of a claim to the German estate, notice ofWe


was subsequently transmitted


to this Commission.


On January 80,


1924,


American


Agency


before


this


Commission


wrote





303


o all. money and property which he had taken-to Germany,


fr aat and
.A' :;


x.;: A_. t':


value of


which


affidavit, on February


were


unknown.


Upon


the receipt


18, the American Agency wrote to the


rs herein, informing them that the affidavit which the claim-


I forwarded was insufficient to prove citizenship.


On February


Attorneys wrote to the claimant, and upon her reply, enclosing


cover


cost


obtaining


proofs


citizenship,


they


I and filed with the American Agency the required evidence.


Jl*ttag the summer
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aion in uermany.


of 1924


this claim


was the subject of


A report was sent to the attorneys,


an in-
which


S; osed that brothers and sisters of the decedent, living in Germany,
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a claim


the estate,


on the


ground


that


they


were


On the request of the American Agency the attorneys


I additional
the adopted


documentary


daughter


evidence


and sole heir


showing


law


that


claimant


Subsequently the


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was


submitted


and


this


on November


jUil I I A.


gUBari or me claimant i
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Ii Some question has b
A$"Vleged assignment of tl
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made by claiman

'g eiits. The record
ivas represented by
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....aquestionu to be deci
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Kii '"^: .. .: iar i lia.)1'1'!'T O IT O ^ l '0 1 n

.paid to them in th
-~l'M* ah: ,"". "i pa n to M

These ..attorneys state
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y ..***: *,: ". :*
aaut of time devoted
p.'ld c :...e.Th"
;i..:''fr The r
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.JH,. a' Las, ..- -- A j *'


Commission


, 1925,


on an agreed


an award


was


or the amount already stated.


ency


eenC


notified


raised


the


this


his claim to a third


attorneys


proceeding


statement


rendered


On November
Sthe granting


concerning an


party, but the American


thorized to determine the validity of assign-


ts to third


parties who are neither attorneys


s of this Commission disclose that the claim-
the attorneys, Martens & Goldsmith, and the
ded, therefore, is what is the reasonable fee


is case?


that it is difficult to give any estimate of the


Sto this claim,


eeords


this


which


was handled mostly by


Commission


show


that


their


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attorneys for the services rendered.
by all the parties concerned that the


was necessarily


understood


payment of compensation


was


contingent upon the recovery and payment of an award.
Now, therefore, in the circumstances above set forth, and in


view I


6! the considerations stated in the general Jurisdic h a


isrative Decision


rendered by


American


d t September 28, 1928, and after careful
Septembe-r 5 -- -*- -.


exCoamination i
examination a


on ideration


information


fi


iriil~


attorneys and the laimant, and by t
ston pertinent to the questions involved,


shed in thi pro
he records of this


and


after


due deliberation
*


tjaore on,


The ATherican


Commisioner decides


and


fixes


as the reason


ee to be paid by the claimant, Elizabeth M.


Pigors,


attor-


nys,


Martens &


Goldsmith,


in this


case,


sum


seventy-five


dollars ($15.00), the said fee to be paid by the claimant and received


by the attorneys as full


them in the prosecution and


compensation


collection


services


of this claim,


rendered


as defined in


$etOnC S of the "Settlement of War Claims Act of 1928."
Done at Washington, p. C, thix23rd day of July, 1929.


CHANDLER P


ANDERSON,


Amerian Comonissioner,
Mied Claims Comnmission,
U1ted States and Germary.


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