EQUITABLE LIFE ASSUR. SOC. OF U.S. v. MacGILL

No. 75-3017.

551 F.2d 978 (1977)

The EQUITABLE LIFE ASSURANCE SOCIETY OF the UNITED STATES, a Mutual Insurance Company, Plaintiff-Appellee, v. Kenneth J. MacGILL, Defendant-Appellant.

United States Court of Appeals, Fifth Circuit.

Rehearing and Rehearing Denied June 16, 1977.


Attorney(s) appearing for the Case

Werner Weinstock, New York City, with whom Michael W. Brody, New York City, was on the brief, and Eugene L. Heinrich, McCune, Hiaasen, Crum, Ferris & Gardner, Ft. Lauderdale, Fla., for plaintiff-appellee.

Paul R. Regensdorf, Fort Lauderdale, Fla., with whom Robert D. McIntosh was on the brief, Fleming, O'Bryan & Fleming, Ft. Lauderdale, Fla., for defendant-appellant.

Before BROWN, Chief Judge, AINSWORTH, Circuit Judge, and JAMESON, District Judge.


Rehearing and Rehearing En Banc Denied June 16, 1977.

JAMESON, District Judge:

Appellant, Kenneth J. MacGill has appealed from an order awarding him an attorney fee of $1.00, following a judgment in his favor on a counterclaim in a declaratory judgment action instituted by appellee, Equitable Life Assurance Society of the United States. Appellant contends that the amount of the award is unreasonable and constituted an abuse of the district court's discretion...

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