COX v. ELLIOTT

No. 11971.

122 F.2d 851 (1941)

COX v. ELLIOTT et al. In re CALHOUN BEACH CLUB HOLDING CO., Inc.

Circuit Court of Appeals, Eighth Circuit.

October 13, 1941.


Attorney(s) appearing for the Case

Benedict Deinard, of Minneapolis, Minn. (Oscar A. Brecke, of Minneapolis, Minn., on the brief), for appellant.

J. Kentner Elliott, of Chicago, Ill., and Seth Lundquist, of Minneapolis, Minn., pro se.

Before GARDNER, WOODROUGH, and THOMAS, Circuit Judges.


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...

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