Legal Opinion

Muskegon Boiler Works v. Tennessee Valley Iron & R.

District Court, M.D. Tennessee

Decided May 16, 1921No. 64PublishedCited by 14 opinions

In Equity. Suit by the Muskegon Boiler Works and others against the Tennessee Valley Iron & Railroad Company. On exceptions to report of special commissioner on allowance of fees to complainants’ solicitors.

1Opinion of the Court

SANFORD, District Judge.

The Special Commissioner has reported the reasonable fee of plaintiffs’ solicitors, Messrs. Campbell and Higgins to be $40,000; to which report exceptions have been hied. After careful consideration of the arguments and briefs of counsel, my conclusions, briefly stated, are:

[1, 2j One jointly interested with others in a common fund who brings and prosecutes a suit for its preservation and administration, as in a general creditors’ suit, is equitably entitled to reimbursement of his costs, including reasonable fees of his counsel, to be paid either out of the fund…

2Cases cited9 opinions

  1. Trustees v. GreenoughSupreme Court of the United States · 1882
  2. Central Railroad & Banking Co. of Ga. v. PettusSupreme Court of the United States · 1885
  3. Hobbs v. McLeanSupreme Court of the United States · 1886
  4. Harrison v. PereaSupreme Court of the United States · 1897
  5. Electric Light Co. v. Gas Co.Tennessee Supreme Court · 1897

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

3Cited by14 opinions

  1. Winslow v. Harold G. Ferguson Corp.California Supreme Court · 1944
  2. Guardian Trust Co. v. Kansas City Southern Ry. Co.Court of Appeals for the Eighth Circuit · 1928
  3. Buford v. Tobacco Growers' Co-Op. Ass'nCourt of Appeals for the Fourth Circuit · 1930
  4. Carbon Steel Co. v. SlaybackCourt of Appeals for the Fourth Circuit · 1929
  5. Bird v. ColletteCourt of Appeals of Tennessee · 1942

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

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