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I U.S. DEPOUTORY HE AMERICAN COMMISSIONER MIXED CLAIMS COMMISSION UNITED STATES AND GERMANY DECISION NO. 11 IN THE MATTER OF REASONABLE FEES FOR ATTORNEYS OR NTS UNDER THE AUTHORITY OF SECTION 9 OF ' SETTLEMENT OF WAR CLAIMS ACT OF 1928 " DOCKET NO. 5966 EP: Rogers, Executor of Estate of Gardiner G. Deering, Deceased, Claimant todgett, Jones, Bwurwam & Bingham, Attorneys :i'j o.'. : : i..i. ". . VIff".... yr! : ,..... V" :.,' CHANDLER P. ANDERSON, Amernican Commissioner. * .- ; ' l: E ^:". .: . .....,.... M& :11 !: :.. -- ^ ' 2,::;! ,: ^",:: ;. . t,,. .,,,,...,., ... A. ., .. .= I . i; ;"..! ''I .. ". "' 4%NTING OFFICE ua 9494l off ' ii **:''.i' .4 B :...:.. ,, '* :'.*:: :':.i ,:: .* ^ ^ ll,' .,!.: :';' '-ait \i *i *' ,;:i t J ..': ....ifhil : ".!.i,;N, ".:'iiin MIXED CLAIMS COMMISSION, UNITED STATES AND GERMANY Established in pursuance of the Agreement between the United States and Germany of August 10, 1922 CHANDLER P. ANDERSON .American Co.i. 8ner.i (1) 'i '! ' Z0 7" *. A 'I : !..wi;::. jM/, ;:.: .... *** --q ..: % .,t i IAU: , ": :. :'. .4 ' i'. .'.:. *,!- : * ____________________ ______: "t,. :' '. ." .'* " '* i :'" ' AmercanCom issmie .. .'<:i.'.- I; i"* **-.... *. "i* ... ... "' :. 1- ,.: ^ .t -*- '1' 1 '^ ,^ ... .. : ".. -^r' ^ ..:'." . \~~ ~ .. "."^ ^ g I kit AIVIEtICAll LUiVLiVIIIUmINiKW MIXED CLAIMS COMMISSION . "UNITED STATES AND GERMANY DECISION NO. 11 IN THE MATTER OF REASONABLE FEES FOR ATTORNEYS OR flTS UNDER THE AUTHORITY OF SECTION 9 OF I*E "SETTLEMENT OF WAR CLAIMS ACT OF 1928" DOCKET NO. 5966 TV. W Rogers, Exeoutor of Estate of Gardiner G. Deering, Deceased, Claimant llg^. ^Blodgett, Jones, Burnham & Binghalm, Attorneys above named claimant has duly filed with the American Com- -OeW' a written request that he fix a reasonable fee to be paid as surviving executor of the Estate of Gardiner G. Deering attorneys, Blodgett, Jones, Burnham & Bingham, of Boston, Hiu"setts, as compensation for whatever services have been ren- l1y: them on behalf of and with the authority of the claimant, BafltEOices being of the character described in the provisions of of the Settlement of War Claims Act of 1928 ". claimant has objected to the amount of the fee asked by the s on the ground that it is excessive, and the attorneys have IiLfied of the filing by the claimant of this request that a ihble fee be fixed. ijstate represented by this claimant was the owner of a 23/128th i.' the schooner Dorothy B. Barrett," which was sunk by otun submarine in the Summer of 1918. The conditions and fiICnees of thisas ,'ae identical with those dealt with by the m l, ;,~ l~ i ', i + ;; :,i+',::. ,,... :... !.,,:. :...:... ..:.'..:.,:. ....: .,,. .:,:,:+K .' ..., ', %90 7 iz UB4B' American Commissioner in his decision (Decision No. 10) rendeni3 November 16, 1928, in a similar proceeding, brought by certajn @ shareholders in the same schooner, for fixing the fees to be pM: them to the same attorneys who represent this claimant. This claimant was not mentioned in that decision because of uncertainty at that time as to whether or not he desired to w"iA his request to have the attorneys' fee fixed in his case, whidch:i tainty has since been removed. The reasons and considerations set forth in the decision 'a mentioned, which are hereby incorporated, by reference, in this'! sion, apply equally in this case and result in the same concla4 Now, therefore, considering that the payment of any fee tpo attorneys was contingent upon securing and collecting an award that the fee to be paid includes all disbursements and expenses, considering the character and extent and value of the services dered by these attorneys, and in view of the considerations statE the general Jurisdictional and Administrative Decision rendered the American Commissioner under date of September 28, 192N: after careful examination and full consideration of the inforiH furnished in these proceedings by the attorneys and the claimazin by the records of this Commission pertinent to the questions inivo and after due deliberation thereon. The American Commissioner decides and fixes as the reason4V0 to be paid by this claimant, Calvin W. Rogers, Executor of the of Gardiner G. Deering, deceased, to his attorneys, Blodgett,jlj Burnham & Bingham, an amount equal to twenty per cent ,:ii4 amount received by the claimant from the Treasury Departn payment of the award rendered on his behalf, said fee to be , the claimant and received by the attorneys as full compensate all services rendered in the prosecution and collection of thiaj as defined by Section 9 of the "Settlement of War Claims,,;H 1928." Done at Washington, D. C., this 21st day of November, 1 CHANDLER P. ANDERSON, A meioamn, Conwnissioner, Mixed Claims Com.mis-i United States and Get UNIVERSITY OF FLORIDA illllll lllllilHIAllllill lIllllHll U111 1 4 1062 |