UNITED STATES FIDELITY & GUARANTY CO. v. LEVY

No. 7598.

77 F.2d 972 (1935)

UNITED STATES FIDELITY & GUARANTY CO. v. LEVY et al.

Circuit Court of Appeals, Fifth Circuit.

May 24, 1935.


Attorney(s) appearing for the Case

H. H. Grooms and Frank E. Spain, both of Birmingham, Ala., for appellant.

J. Kirkman Jackson, of Birmingham, Ala., for appellees.

Before BRYAN, FOSTER, and HUTCHESON, Circuit Judges.


HUTCHESON, Circuit Judge.

After many years of contesting its liability in a common-law suit, through two trials and two appeals, appellant, in addition to its legal defenses, claimed an equitable offset against the whole demand. The claimed offset was allowed against the recovery to the extent of the plaintiffs' interest in it. It was denied as to the 20 per cent. fee interest appellees, plaintiffs' attorneys, claimed to have in it by an equitable assignment of and...

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