Opinion

Joseph F. Hogan v. Wilbur C. Wright, D/B/A Wright Construction Company

  • 356 F.2d 595
  • 1966 U.S. App. LEXIS 7234
Court
Court of Appeals for the Sixth Circuit
Filed
Feb 8, 1966
Status
Published
Author
Edwards
On the bench
Edwards, O'Sullivan, Celebrezze
Cited by
13 cases

The opinion

EDWARDS, Circuit Judge

(dissenting).

The relevant language of this contract for legal representation provided:

“As I told you on leaving Akron, I will prepare, file and present your claim with the Sundry Claims Board without charge to you. (My usual fee for a claim of this size is $2,-500.00 for preparation and presentment against 25% of the recovery.) Out of any recovery in your claim, you are to pay me a percentage figure acceptable to you. * * * ”

After plaintiff had secured allowance of $137,341.81 of defendant’s claim, defendant tendered a fee of $2,000, or 1.4%. The District Judge found this action to have been taken in bad faith and gave judgment for plaintiff in the sum of $27,468.36, or 20% of the recovery. The record provides evidentiary support for the finding of bad faith, and I do not think we can properly hold that it is “clearly erroneous.” Rule 52(a) Fed.R.Civ.P.

I would affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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