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FLEMING v. LAKE DELTON DEVELOPMENT COMPANY

No. 12504.

267 F.2d 254 (1959)

Helen N. FLEMING, William J. Newman, Jr., Margaret N. Walsh, Richard P. Newman, Josephine N. Krug, Adelaide Loiacano, and William McKavis, a minor, by Helen N. Fleming, his next friend, Plaintiffs-Appellees, v. LAKE DELTON DEVELOPMENT COMPANY, a Wisconsin corporation, Ralph M. Hines, James H. Hill, Sr., Hilmer C. Amundson and Henry C. Titus, Defendants-Appellees, and James H. Hill, Jr., Millie M. Risley, Frances Hines and A. B. Batty, Impleaded Defendants-Appellees. On appeal of E. R. BORGMEIER, Respondent-Appellant.

United States Court of Appeals Seventh Circuit.

May 27, 1959.

Attorney(s) appearing for the Case

William C. Jerome, Chicago, Ill., E. R. Borgmeier, Washington, D. C., for appellant.

Arthur Wickham, Milwaukee, Wis., C. A. Caplow, Harold L. Priess, Chicago, Ill., Frank M. Coyne, Madison, Wis. (Erma C. Miller, Baraboo, Wis., on the brief), for defendants-appellees.

Before DUFFY, Chief Judge, and MAJOR and KNOCH, Circuit Judges.

DUFFY, Chief Judge.

During October, 1952, appellant Borgmeier, who is an attorney at law, was employed by plaintiffs under an oral agreement to prosecute an action against defendants concerning certain real estate in Sauk County, Wisconsin. The terms of the agreement were that appellant was to receive a contingent fee of 50% of any recovery. In May, 1953, she filed suit for plaintiffs against the defendants in the District Court of the United States for the Western...

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