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VAN BERGH v. SIMONS

No. 149, Docket 26380.

286 F.2d 325 (1961)

Maurice H. VAN BERGH, Plaintiff-Appellant, v. Gustave SIMONS, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided February 7, 1961.

Attorney(s) appearing for the Case

David Alter, New York City (Hubert Thurschwell, Squadron, Alter & Weinrib, New York City, on the brief), for plaintiff-appellant.

W. Philip Van Kirk, New York City, for defendant-appellee.

Before LUMBARD, Chief Judge, and SWAN and WATERMAN, Circuit Judges.

LUMBARD, Chief Judge.

This appeal turns on whether, under New York law, a layman can enforce an alleged agreement with a lawyer, whereby the lawyer promised to turn over 25% of all fees received from a client for the prosecution of an excess profits tax refund claim in return for the layman's efforts in procuring the client and his promise to be available if called upon to help in preparing the claim. The question was presented to the District Court for the Southern...

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