A. J. Simler v. Leslie L. Conner

PICKETT, Circuit Judge.

This is a declaratory judgment action in which the plaintiff Simler seeks a determination of his liability to the defendant Conner for legal services rendered in an Oklahoma Will contest matter. The pleadings raise the question of whether the liability is to be fixed upon the basis of the reasonableness for the services or by employment letters, one of which would entitle Conner to a one-half interest in property recovered by litigation. Simler’s demand for a jury trial on the issue of a reasonable fee was denied by the trial judge. Thereupon Simler brought mandamus…