HILL, Circuit Judge.
This declaratory judgment action was brought below by appellant, Simler, against appellee, Conner, asking the court to fix and determine attorney fees, due Conner from Simler, under a contract between the parties. The trial court, after a jury had been waived, made such determination and Simler has appealed. The litigants are not strangers to this court, as this case is only a part of the final chapter in a long story of litigation in the State...
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