Decision no. ... in the matter of fixing reasonable fees for attorneys or agents under the authority of Section 9 of the...

Permanent Link:: http://ufdc.ufl.edu/AA00008543/00021

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:: 1928-
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:: AA00008543:00021

Full Text

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UNITED
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CLAIMS

STATES

.DECISION

AND

NO.

IN THE MATTER OF

REASONABLE

FEES

FOR

ATTORNEYS

OR

UNDER

THE

:" SETTLEMENT
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AUTHORITY

WAR

CLAIMS

SECTION

ACT

9 OF

1928"

DOCKET

NO.

2005

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e Escalera, Claimant

M. Herrero, Attorney

HANDLER P.

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ANDERSON,.

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AMERICAN

COMMISSIONER

COMMISSION

GERMANY

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

CHANDLER P. ANDERSON
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DECISION

NO.

IN THE MATTER OF

REASONABLE

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p .AGENTS
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qpflera wri

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UNDER

THE

FEES

FOR

AUTHORITY

ATTORNEYS

SECTION

OR

9 OF

SETTLEMENT OF WAR CLAIMS ACT OF 1928 "

DOCKET NO.

Escalera

B.errlere

Named claimant duly filed

tten

request that

attorney,

Juan

2005

Climattorney

?. Attorney

Commis-

paid

a reasonable

San

Juan

Porto

Rico,

f.;; co mpensation for services rendered by him on behalf of and with

the authority

of the

claimant

such service

being

the character

described in the provisions of Section

9 of the Settlement of War

S.I a na a M

Jose

Juan .

with the American

Herrero,

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358

ming the information

which

desired

have

considered

by the

asoner as showing the reasonableness of the fee a
whieh information was brought to the attention of the claimant, wo
**: ** w hoJ

ile da
torney.

letter in reply, a copy of whih
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The

parties

have

furnished

was

adfit

request by the American
request A*

Commi

ssioner.

It appears that on January 11,
attorney to prosenite and collect a

1923,
claim

claimant empoye

before this Commission on

account of

property

lost

and

injuries

suffered

through

sinking

af the steamship Caroina, on June 2, 1918, by a German m
x 7 ? my *~ '

and agreed to pay the attorney

his services ." 40%

nity awarded," the attorney to pay all expenses.

of the indem-

Thereafter

the at-

torney duly filed a claim and performed services in

proceedings

before this Com mission; as a result of which an award was rendered

on September

1924, on

behalf

of the

claimant

$1,000,

with

interest thereon at the rate of five per cent per annum from November

11, 1918, to the date of payment, and

for the

further

sum

of $500,

with interest thereon at the same rate from November

1, 1923.,o .the

date of payment.

On June 18, 1928,

Treasury

Department paid

cthe laimant the sum of $2,098.22,

in settlement of his award.

The attorney states that on June 27

1928

, in reply to an inquiry,

the

Treasury

Department

informed

him

that

award

had

been

paid

claimant;

that

thereupon

communicated

with

claimant by

long-distance telephone and

demanded

payment

of his

l ees; that the claimant promised to send him $400, intended as total

payment,

but that

informed

claimant that

this only as partial payment,

" as we had a contract for tl -pnyu

-of fees

and

furthermore

I knew

that

had

requested

- (the American

Commissioner)

fees."

Thr

aorey further states that on

,hinT n nerhnrr

rt!nnr

U U IIuts~L3 *s

the
b

following

rt rt ChA

day the
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claimant sent

I flflhI flftIlI7

fibs

.

^

~;rslnr

nn~

359

erican Commissioner to fix the

at a time when

there was no

tion

on the

claimant'~

part

pay

anything until

a decision

t been rendered in

giant had

requested

is proceeding.
the American

The attorney
Commissioner

knew that the

fees

r the

provisions

Section

9 of

Act.

accepting

a fee

A admittedly was tendered

full

payment,

without an

under-

ding

with

claimant

that

would

applied

on account

ing a

decision

American

Commissioner

and

any

excess

nded if a smaller amount was fixed as the proper fee, the attor-

has deliberately changed the

tatus of the question submitted

' proceeding.

i~ihe .American Con
irsdictional Decision

their attorneys

Umi

ssioner

held

of September 28,

agreed

upon

a fee

Administrative

1928,

that

when

satisfactory to

and

claimants
claim ant

* was unnecessary and inappropriate under the terms of the Act
. ask him to intervene for the purpose of passing upon the reason-

sianess

thus

agreed

upon,

and

that

accordingly

Sa.efncan
: .:.. he
War the

Commissioner

purpose

would

this

in such

proceeding,

cases.

question

submitted

Compromised

direct

action

between

parties,

and

nrican Commi

ssioner holds that it is not desirable or appropriate

,,him to undertake to fix the attorney

fee in this case.

Washington,

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this 3d

CHANDLER P

day of September, 1929.

ANDERSON,

Miwed

Claims C kommision,

States

and

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American Commissioner,

United

Germany.

UNIVERSITY OF FLORIDA

twIII IIi IlIuInII tIuIInIM

3 1262 08484 1823

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