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BUCHANAN v. PENN ANTHRACITE COLLIERIES CO.

No. 5696.

84 F.2d 726 (1936)

BUCHANAN v. PENN ANTHRACITE COLLIERIES CO.

Circuit Court of Appeals, Third Circuit.

June 11, 1936.

Attorney(s) appearing for the Case

Isaac Pennypacker, of Philadelphia, Pa., and Ralph W. Rymer, of Scranton, Pa. (Pepper, Bodine, Stokes & Schoch, of Philadelphia, Pa., of counsel), for appellant.

Larkin, Rathbone & Perry, of New York City (T. R. Iserman and Parker Newhall, both of New York City, and Thomas Reath, Jr., of Philadelphia, Pa., of counsel), for appellee.

Before BUFFINGTON and DAVIS, Circuit Judges, and WELSH, District Judge.

PER CURIAM.

This case concerns the fees of a receiver. After hearing the proofs, the master found as a fact that the receiver had made an agreement about the fees; that the company had acted upon it, and had paid him the money agreed upon. Secondly, he found as a fact that no claim was made for a year thereafter by the receiver for further fees, and that the alleged fiveyear agreement of the company to employ him as president had no connection whatever with the fixation...

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