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DRAPER v. TRAVELERS INSURANCE COMPANY

No. 222-69.

429 F.2d 44 (1970)

Delbert M. DRAPER, Jr., A. Wally Sandack and Herschel J. Saperstein, copartners, dba Draper, Sandack & Saperstein, and Calvin W. Rawlings, Brigham E. Roberts, Wayne L. Black, John L. Black and Richard C. Dibblee, copartners, dba Rawlings, Wallace, Roberts & Black, and Stanley V. Litizzette, Appellees, v. The TRAVELERS INSURANCE COMPANY, a Connecticut corporation, Appellant.

United States Court of Appeals, Tenth Circuit.

July 16, 1970.

Attorney(s) appearing for the Case

Marvin J. Bertoch, Salt Lake City, Utah (Stephen B. Nebeker, of Ray, Quinney & Nebeker, Salt Lake City, Utah, on the brief), for appellant.

David K. Watkiss, of Watkiss, Campbell & Cowley, Salt Lake City, Utah, for appellees.

Before MURRAH, Chief Judge, and BRIETENSTEIN and SETH, Circuit Judges.

SETH, Circuit Judge.

This is an action for attorneys' fees. It was brought by the attorneys who in 1965 settled a negligence suit brought by them for workmen's compensation claimants against Texas Gulf Sulphur Company and the United States. Attorneys' fees are here sought from the workmen's compensation insurance carrier on the ground that it benefitted from the settlement of the negligence action. The claimants were the heirs...

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