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WESTERN STEEL ERECTION COMPANY v. UNITED STATES

No. 247-69.

424 F.2d 737 (1970)

WESTERN STEEL ERECTION COMPANY, a corporation, Plaintiff-Appellant, v. UNITED STATES of America, Defendant-Appellee, Morris L. Dunlap and Donald M. Fitzgerald, Applicants-Appellees.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied June 10, 1970.

Attorney(s) appearing for the Case

Phil E. Daugherty, Oklahoma City, Okl., for appellant.

Howard K. Berry, Jr., of Berry & Berry, Oklahoma City, Okl., for appellees.

Before LEWIS and SETH, Circuit Judges, and BRATTON, District Judge.

LEWIS, Circuit Judge.

This case presents a controversy between attorney and client and, after refinement of the issues, probes the availability of Fed.R.Civ.P. 60(b) as a procedural tool to lodge ancillary jurisdiction in the trial court to determine attorneys' fees after dismissal of the main case by stipulation and with prejudice. The court below granted the motion of attorneys Dunlap and Fitzgerald (Dunlap), vacated the...

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