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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OF FL LI


U.S.


DEPOUTORY


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AMERICAN


COMMISSIONER


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UNITED


CLAIMS


STATES


COMMISSION


AND


GERMANY


DECISION NO.


I THE MATTER {OFl"


REASONABLE


FEES


FOR


ATTORNEYS


OR


INTS UNDER THE
*I f. SETTLEMENT
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AUTHORITY


WAR


CLAIMS


SECTION


ACT


9 OF
1928 '"


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DOCKET NO.


Frederick


7483


Claimant


Whitman & Knadth., Inc., Agent


CHANDLER P.


American


ANDERSON


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RN MENT PRINTfING OFFICE: 19
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Wald-vogel,


Comonissioner


































MIXED


CLAIMS


COMMISSION,


UNITED


STATES


AND GERMANY


Established in


pursuance of the


Agreement


between


United


States and


Germany


of August 10, 1922


CHANDLER
Amerfcan


A~ND'ERSONi


Commzisalo rier


'


the


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UNITED


UNDER


THE


SETTLEMENT


DOCKET


Frederickh

Whitman &


COMMISSIONER


COMMISSION


AND


GERMANY


NO.


IN THE MATTER OF


FOR


AUTHORITY


WAR


NO.


CLAIMS


ATTORNEYS


SECTION


ACT


OR

9 OF

1928 "


7483


Wald vogel, Claimant


Inc., Agent


ve-named claimant has duly filed with the American Corn-


a written


request


that he


a reasonable


paid


his agent, Whitman & Knauth, Inc., of New York City,

compensationn for whatever services have been rendered by

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


being of the character described in the provisions of Section

" Settlement of War Claims Act of 1928."


AMERICAN


CLAIMS


STATES


DECISION


REASONABLE


FEE


Knauth,


.





268


giving the information


which


they


desire to have considered by the


Commissioner, a


showing the reasonableness of the fee asked,


which


information has been brought to
a letter in reply stating,


the attention of the claimant, who
"I entered in to no agreemt ,
-^d-~vl C ^-- t~fHg reeRn i eJLJ~vKJuLJ


verbal


or in


writing,


with anyone.


A copy


transmitted to the attorneys for the agent,


- -


of this letter has been


who have filed an affidavit


sw to by Mr. Marx in reply, a copy of which has been


Stp the claimant,


who has filed an affidavit in reply.


In thi


case an award was rendered by this Commission on


rovem-


- aI


r 8, 1926, on behalf
ereon, at the rate of fi
the date of payment.


of the


claimant


$5,235.02,


ire per cent per annumi from Augs
The total amount received by the ch


Sthe


Treasury


Department, on or about June


, 1928, in


pay-


of this award,


eTe


amount of


rces of


attorney,


was $8,108.51.


asked


Katz


agent,


Sommerich,


which. nl...An k


and


bursements,


is a sum


equal


fifteen


cent


amount


received by the claimant from the


Treasury


Department a D mea


of his award.


* "" "** fx ,, S, t

tees to bh
this case.


editions and circumstances of this


Identical


with


h decision
proceeding,


e paid


that


dealt


(Decision No.


brought by
same agent


with


case
the


are ii
Ameri


ican Commis-


40), rendered June 25, 1929, in


another
who r


claimant,
presents t


iou F.ng 4La


In February,
zdi Uha uth,


berg
ment


1920


achod


Vereinsbank


thereafter


estate
Bank


the claimar


Kuhne


it, by a
of New


, Filiale Goppingen,


father,


collected


who


petitioner'


power of attorney author-
York City l
*C -t -


to represent him in the settle-


died


Germa


share


the estate,


which


was deposited


with that


bank.


In December,


1922


, Knauth. Nachod


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269


1923


, Knauth, Nachod


& Kuhne


became


bankrupt;


its power


>rney department was transferred to


Whitman & Knauth, Inc.,


agent herein.


March


1924,


the claimant,


by a


power of


aoney, authorized


this


agent


prosecute his claim and


remit


: proceeds of whatever might be realized.


This power of attorney


ressly


revoked


powers


attorney


previously


given,


and


'* .ieS*s


stained powers of substitution.


It assigned


to the agent so much


:i,,he claimant


right,


title, and interest in the claim as will cover


.itever costs and expenses" the agent "may


have reasonably sus-


, together


with


a fee


commensurate


with


services


here-


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ider rendered" by the agent or its attorneys.


claimant signed and


verified a


the same date


petition in support of his claim.


proceedings before this Commission leading up


case were conducted by Katz & Sonmmerich,


he agent as substituted attorneys.


to the award in


who were appointed


The claimant made no objec-


to the conduct of his claim or to the compensation fixed by the


it until after the enactment of


1928,"


which


Section


" Settlement of War Claims


9 authorized


American


Com-


sli sd oner
:Thie re
I...iEasi, hlereb
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tii scard
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to fix reasonable fees upon the request of claimants.
sons and considerations set forth in Decision No. 40.


y incorporated


by reference in


which


decision, apply equally


se and result in corresponding conclusions.


therefore


, considering


that


payment


any


1 its attorneys was contingent upon securing and


collecting


, and that the fee to be paid includes all disbursements and


:plenes, and considering the character and extent and value of the
i lic'es rendered by the agent and its attorneys, and in view of the


icouasiderations


stated


general


Jurisdictional


and


Adminis-


I-txative Decision rendered by the American Commissioner under date
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:'.d. .. Septemb(
il== i .
l. .S:eration o
:: *L ,, ,


ir 28,


1928, and after careful


examination and full


f the information furnished in these


con-


proceedings by the


W




'Ci
I


270


apartment in


payment of the award


rendered


on his


behalf, the said


include


the services of Katz & Sommerich,


the attorneys for


the agent, and all expenses and disbursements, and to- be paid by the


said


claimant and received


by the agent


for itself


and its attorneys


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,


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


CHANDLER P


ANDERSON


American Commissioner,


Miced Claims


CotnmSS


United


States


and Ge..me.


E x~ ;EEB :ii~


r, ,^B F~$ E~%8 8"5",:: "


,:I^ $OiB~


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UNIVERSITY OF FLORIDA

lu lni ri I I Ii lIl l I
3 1262 08484 1989


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