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DALE BENZ, INC., CONT. v. AMERICAN CAS. CO., OF READING, PA.

No. 17464.

305 F.2d 641 (1962)

DALE BENZ, INC., CONTRACTORS, an Arizona Corporation, et al., Appellants, v. AMERICAN CASUALTY COMPANY, OF READING, PENNSYLVANIA, Appellee.

United States Court of Appeals Ninth Circuit.

August 1, 1962.

Attorney(s) appearing for the Case

Cox & Cox, Simpson Cox, Phoenix, Ariz., Marion R. Smokeer, Newton Frishberg, Alfred S. Cox, of counsel, for appellants.

Moore & Romley, Jarrill F. Kaplan, Phoenix, Ariz., for appellee.

Before HAMLEY and BROWNING, Circuit Judges, and ROSS, District Judge.

PER CURIAM.

Appellee (hereinafter American) has filed a petition for rehearing in this case relating to the award to Appellants (hereinafter Benz) by this Court on appeal the sum of $9,200.00 as attorneys' fees for the proceedings in the trial court.

In considering this petition we believe it is important to remember that the trial court did not award attorneys' fees to Benz. On appeal Benz argued that it was entitled to attorneys' fees. The record disclosed...

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