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GARRETT v. McREE

No. 4508.

201 F.2d 250 (1953)

GARRETT et al. v. McREE et al.

United States Court of Appeals Tenth Circuit.

January 12, 1953.

Attorney(s) appearing for the Case

Goerge Siefken, Wichita, Kan. (W. A. Combs, Houston, Tex., on the brief), for appellants.

A. E. Zellers, Grindstaff, Zellers & Hutcheson, Weatherford, Tex., Andrew W. Wilcoxen, and Banker, Bonds & Wilcoxen, Muskogee, Okl., on the brief for appellees.

Before HUXMAN, MURRAH and PICKETT, Circuit Judges.

MURRAH, Circuit Judge.

This appeal involves the power of the trial court to fix and apportion attorneys' fees out of a fund recovered in a suit under the Oklahoma Wrongful Death Statute.

W. McRee of the State of Arkansas employed A. E. Zellers, an attorney of Weatherford, Texas, to assist him in a claim for damages for the wrongful death of his wife and injuries to himself growing out of an automobile accident in McCurtain County, Oklahoma. Alberta Lee Garrett...

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