B. Nathaniel Richter and Elwood S. Levy v. United States

GOODRICH, Circuit Judge.

The plaintiffs effected a settlement with a railroad in a Federal Employers’ Liability Act case and paid part of the recovery to the United States under statutory provision. They now claim counsel fees against the Government on that part of the settlement paid to it. Plaintiffs lost in the court below. 190 F.Supp. 159 (1960).

The facts are undisputed. The plaintiffs, as lawyers, secured on behalf of an employee of the Pennsylvania Railroad the sum of $16,800. The railroad, in satisfaction of a lien of the Railroad Retirement Board, paid the United States $2,210. This…