Cox v. Elliott

THOMAS, Circuit Judge.

This is an appeal by the trustee from an order of the district court affirming an order of the referee in bankruptcy which allowed appellees an attorney fee in the sum of $843.78.

The question for decision is whether under the Bankruptcy Act, 11 U.S.C.A. § 1 et seq., attorneys for creditors, not employed by the trustee nor authorized by the court, may be allowed fees to be paid out of the estate for services which benefit the creditors but do not augment the funds in the hands of the trustee. If so, there are the further questions of whether the allowance is proper in…