Wistow Barylick, Inc. v. Bowen, 94-6341 (2002)

DECISION

I. FINDINGS OF FACT

This is an action by the plaintiff to impose a constructive trust on certain fees collected by the defendant as the lawyer for certain personal injury claimants. Each party claims to be entitled to some or all of the fees. The Court finds the following facts to be undisputed or to have been proved by clear and convincing evidence. To the extent the Court has not made a finding of fact requested by the plaintiff or the defendant pursuant to Rule 52, the Court finds that fact not to have been proved by clear and convincing evidence.

Wistow Barylick, Inc. ("WB") is a…