A. J. Simler v. Leslie L. Conner

(on reconsideration).

When we originally considered this declaratory judgment action in which determinations of the validity of an attorney’s contingent fee contract and of the reasonableness of an attorney’s fee in a will-contest case are sought, we held that the plaintiff was entitled to a jury trial on the issues of fact. Simler v. Conner, 10 Cir., 282 F.2d 382. Thereafter the United States Supreme Court vacated our judgment and remanded the case “for reconsideration in the light of Southard v. MacDonald, Okl., 360 P.2d 940.” Conner v. Simler, 367 U.S. 486, 81 S.Ct. 1679, 6 L.Ed.2d 1241. In…