Legal Opinion

Western Steel Erection Company, a Corporation v. United States of America, Morris L. Dunlap and Donald M. Fitzgerald, Applicants-Appellees

Court of Appeals for the Tenth Circuit

Decided June 10, 1970No. 247-69_1PublishedCited by 23 opinions

1Opinion of the Court

LEWIS, Circuit Judge.

This case presents a controversy between attorney and client and, after refinement of the issues, probes the availability of Fed.R.Civ.P. 60(b) as a procedural tool to lodge ancillary jurisdiction in the trial court to determine attorneys’ fees after dismissal of the main case by stipulation and with prejudice. The court below granted the motion of attorneys Dunlap and Fitzgerald (Dun lap), vacated the order of dismissal, took testimony on the question of the fee issue and ultimately entered judgment against Western Steel Erection Company (Western) for $27,349.98 plus…

2Cases cited10 opinions

  1. State of Iowa v. Union Asphalt & Roadoils, Inc.District Court, S.D. Iowa · 1968
  2. In The Matter Of Casco Chemical Co.Court of Appeals for the Fifth Circuit · 1964
  3. Robert R. Ingerton v. First National Bank and Trust Company of TulsaCourt of Appeals for the First Circuit · 1961
  4. United States v. JacobsCourt of Appeals for the Fourth Circuit · 1961
  5. Bounougias v. PetersCourt of Appeals for the Seventh Circuit · 1966

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3Cited by23 opinions

  1. Heyman v. M.L. Marketing CompanyCourt of Appeals for the Fourth Circuit · 1997
  2. Kem Manufacturing Corporation v. Ray J. Wilder, and Rjw, Incorporated, Harold J. Gaines, Non-Party Movant-AppellantCourt of Appeals for the Eleventh Circuit · 1987
  3. Hasso v. Mozsgai (In Re La Sierra Financial Services, Inc.)United States Bankruptcy Appellate Panel for the Ninth Circuit · 2002
  4. Ex Parte OvertonSupreme Court of Alabama · 2007
  5. Payne v. Tri-State Careflight, LLCDistrict Court, D. New Mexico · 2017

18 more not listed; retrieve them via the Exa API.

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