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RICHTER v. UNITED STATES

No. 13563.

296 F.2d 509 (1961)

B. Nathaniel RICHTER and Elwood S. Levy, Appellants v. UNITED STATES of America.

United States Court of Appeals Third Circuit.

Decided November 16, 1961.

Attorney(s) appearing for the Case

Marvin Garfinkel, Philadelphia, Pa. (Stephen B. Narin, Theodore R. Mann, Philadelphia, Pa., Narin, Garfinkel & Mann, Philadelphia, Pa., on the brief), for appellants.

Alan S. Rosenthal, Washington, D. C. (William H. Orrick, Jr., Asst. Atty. Gen., Walter E. Alessandroni, U. S. Atty., Philadelphia, Pa., Jerome I. Levinson, Attorneys, Department of Justice, Washington, D. C., Myles F. Gibbons, General Counsel, Railroad Retirement Board, Chicago, Ill., on the brief), for appellee.

Before GOODRICH, STALEY and SMITH, Circuit Judges.

GOODRICH, Circuit Judge.

The plaintiffs effected a settlement with a railroad in a Federal Employers' Liability Act case and paid part of the recovery to the United States under statutory provision. They now claim counsel fees against the Government on that part of the settlement paid to it. Plaintiffs lost in the court below. 190 F.Supp. 159 (1960).

The facts are undisputed. The plaintiffs, as lawyers, secured on behalf...

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