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BROWN v. GERDES

No. 183.

321 U.S. 178 (1944)

BROWN ET AL. v. GERDES ET AL., TRUSTEES.

Supreme Court of United States.

Decided February 7, 1944.

Attorney(s) appearing for the Case

Mr. William C. Scott, with whom Messrs. David Paine, Lawrence S. Greenbaum, and Theodore S. Jaffin were on the brief, for petitioners.

Mr. John Gerdes, with whom Mr. James D. Carpenter, Jr. and Miss Mary-Chase Clark were on the brief, for respondents.

Solicitor General Fahy and Messrs. Chester T. Lane, Homer Kripke, George Zolotar, and Theodore L. Thau filed a brief on behalf of the Securities and Exchange Commission, as amicus curiae, urging affirmance.

MR. JUSTICE DOUGLAS delivered the opinion of the Court.

The question in this case is whether the New York court or the federal bankruptcy court has the power to fix the fees of petitioners who as attorneys represented the bankruptcy estate in litigation in the state courts. The New York Court of Appeals held that that jurisdiction rested exclusively in the bankruptcy court. 290 N.Y. 468, 49 N.E.2d 718. The case is here on...

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