Empire State Insurance Company v. Phillip Chafetz

GRIFFIN B. BELL, Circuit Judge.

This appeal is from the award of a modest fee to the attorneys representing appellee in the successful trial of an action brought on a fire insurance policy against appellant, and on a successful cross-appeal to this court. 278 F.2d 41. They then represented appellee at the pre-trial conference prior to the second trial and prepared a memorandum of law and outline of the case for the second trial. At this point appellee and his attorneys came to a parting of the ways because appellee failed and refused to pay certain out-of-pocket expenses due the attorneys. The…