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

AMERICAN COMMISSIONER


MIXED CLAIMS COMMISSION

UNITED STATES AND GERMAP


DECISION NO. 13

IN THE MATTER OF


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REASONABLE FEES FOR ATTOI
IS UNDER THE AUTHORITY OF SEC
S SETTLEMENT OF WAR CLAIMS AC


DOCKET NO. 6350


$mal Bank of Oakland, California, Executt
: Testanvent of August Haneberg, Deceased,

David C. Dutton, Attorney
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CHANDLER P. ANDERSON
American Commisaioner


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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 Commissioner ..
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I THE AMERICAN COMMISSIONER
MIXED CLAIMS COMMISSION

UNITED STATES AND GERMANY


I DECISION NO. 13
IN THE MATTER OF
.ING REASONABLE FEES FOR ATTORNEYS OR
G4TS UNDER THE AUTHORITY OF SECTION 9 OF
RE SETTLEMENT OF WAR CLAIMS ACT OF 1928"


DOCKET NO. 6350


l. National Bank of Oakland, California, Executor of the Last
W, and Testament of August Haneberg, Deceased, Claimant

David C. Dutton, Attorney


he above named claimant has duly filed with the American Com-
uner a written request that he fix a reasonable, fee to be paid
6i:to the attorney, David C. Dutton, of Oakland, California, as
06nsation for whatever services have been rendered by him on
fil'of and with the authority of August Haneberg, the original
Miant in this case, prior to his death on August 11, 1927, such
es being of the character described in the provisions of Section
the Settlement of War 'Claims Act of 1928."
c claimant has not objected to the amount of the fee asked by
tbrney on the ground that it is excessive. There is no contro-
r.about the reasonableness of the fee asked, and this request is
.because the Estate concerned "is in course of probate, and it .
iseed preferable" to have the fee fixed in this proceedi,*g :Illl
than by agreement between the parties.



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The attorney has been duly notified of the filing by the claiman!::tt,
of its request that a reasonable fee be fixed, and he has filed with th
American Commissioner an affidavit giving the information which
he desires to have considered by the Commissioner as showing the
reasonableness of the fee asked, which information has been brought
to the attention of the claimant. The claimant makes no objection
to the statements contained in the attorney's affidavit.
The attorney requests that his fee be fixed at $100.
In this case an award was rendered by this Commission on Novem- .
ber 19, 1925, on behalf of August Haneberg, for $475.54, with interest .
thereon at the rate of five per cent per annum from January 1, 1920,
to the date of payment, which amount represents a bank balance in a ,
German bank standing in the name of said August Haneberg, which
was owing to him as of April 6, 1917. *.
It appears from the attorney's affidavit that on or about February .:t
27, 1919, he was and for a period of approximately ten years prior ;
to that date had been the general attorney of August Haneberg; that. : :
on or about said date, August Haneberg retained this attorney to :9
represent him before this Commission in the prosecution of this claim
on the understanding that he was to be paid a reasonable fee for his
services in this matter, whether or not an award was made and paid.
The character and extent of the services rendered by the attorney V-
in this case are set out in his affidavit, from which it appears that
the petition, which was filed with this Commission, was drawn by
this attorney; that, in the preparation and presentation of the claim, 4 5
a number of conferences were held by the attorney with said. August 1
Haneberg and correspondence was had with him when absent in
Hawaii; that the attorney also carried on extensive correspondence:
relative to this claim with various banks and officials in Germany
and also with the Department of State of the United States, with :i
which the claim was originally filed by the attorney. The attorney. :
also procured the documents on which the claim was based.
The attorney alleges that his expenses for clerical work, :the d:I
amount of which is not given, are included in his charge for services::!
Now, therefore, considering the character and extent and val.
of the services rendered, that the fee asked by the attorney include
all his outstanding disbursements, and that both the claimant ....
the attorney concur in the reasonableness of the fee, and in view,

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mUc uuuEvadaiUiJ.a abvU JLU. tAC ICUnLcI azf U WtLlUVBIUJALMA OuIA IXL&Illl-
ative Decision rendered by the American Commissioner under
of September 28, 1928, and after careful examination and full
ration of the information furnished in this proceeding by the
ey and the claimant, and by the records of this Commission
In t to the questions involved, and after due deliberation

|hJe American Commissioner decides and fixes as the reasonable
-to: be paid by the claimant, Central National Bank of Oakland,
S1ifornia, Executor of the Last Will and Testament of August
ebherg, deceased, to its attorney, David C. Dutton, in this case,
.!tsum of one hundred dollars ($100), the said fee to be paid by the
ldma4, and received by the attorney as full compensation for all
aices rendered in the prosecution and collection of this claim, as
iied. in Section 9 of the "Settlement of War Claims Act of 1928."
Ipone at Washington, D. C., this 26th day of November, 1928.
CHANDLER P. ANDERSON,
American Commissioner,
Mixed Claims Conwmzssion,
United States and Germany.
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UNIVERSITY OF FLORIDA


3 1262 08484 1088


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