Hanna Paint Manufacturing Company, D/B/A Hanna Paint Mfg. Co. Of Texas, as Intervener v. Rodey, Dickason, Sloan, Akin & Robb

HILL, Circuit Judge.

The original action, a Miller Act case, was here before upon its merits and affirmed. 1 A part of the history of the litigation is recorded in that opinion, but some additional facts concerning this phase of the case are necessary for the disposition of our questions.

The litigation was commenced in 1957, sometime after appellees were employed as counsel for the original plaintiffs. After issue, the case was tried and appellees’ clients obtained a substantial judgment. Appellees were required to resist an appeal from that judgment, which judgment was first vacated and the…