NEUDECKER v. PHILPOT

No. 9910.

174 F.2d 668 (1949)

NEUDECKER et al. v. PHILPOT.

United States Court of Appeals District of Columbia Circuit.

Decided May 2, 1949.


Attorney(s) appearing for the Case

Mr. John Alexander, Washington, D. C., with whom Mr. Raymond Neudecker, Washington, D. C., was on the brief, appellants pro se.

Mr. David A. Hart, Washington, D. C., for appellee.

Before EDGERTON, WILBUR K. MILLER, and PRETTYMAN, Circuit Judges.


PER CURIAM.

In dismissing on her own motion a wife's complaint for divorce, the District Court denied counsel fees to her attorneys. They appeal from this denial.

In view of a later colloquy between court and counsel, it is not clear to us from the court's memorandum and order whether (1) fees were denied on the theory that the court had no authority to award them in the circumstances of the particular case, or (2) the court decided, in the exercise of the...

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