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INGALLS IRON WORKS COMPANY v. FEHLHABER CORPORATION

No. 68 Civ. 1445.

337 F.Supp. 1085 (1972)

The INGALLS IRON WORKS COMPANY, a corporation, Plaintiff, v. FEHLHABER CORPORATION, a corporation, et al., Defendants.

United States District Court, S. D. New York.

January 13, 1972.

Attorney(s) appearing for the Case

Jarvis, Pilz, Buckley & Treacy (formerly Jarvis & Pilz) pro se by Emil V. Pilz, Eugene Schaffel and George F. Mackey, New York City, of counsel.

McChesney & Kenney, Troy, N. Y., for plaintiff by William K. Murray, C. V. Stelzenmuller, Birmingham, Ala., of counsel.

Norton, Sacks, Molineaux & Pastore, New York City, for defendants by Charles B. Molineaux, Jr., New York City, of counsel.

OPINION

POLLACK, District Judge.

This motion seeks recovery of attorneys' fees from the proceeds of a New York State Court of Claims judgment in favor of the Fehlhaber-Terry joint venture (Fehlhaber), the general contractor for a section of the Gowanus Expressway construction project. Fehlhaber sued the State for the value of additional work ordered for the project and certain expenses. This Court has previously ruled that Fehlhaber holds all funds received...

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