NORTON v. AUSTIN NAT. BANK OF AUSTIN, TEX.

No. 75-3356.

557 F.2d 1061 (1977)

John E. NORTON et al., Plaintiffs-Appellants, v. The AUSTIN NATIONAL BANK OF AUSTIN, TEXAS, Individually and as guardian of the Estate of Robert O. Walters, III, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

Rehearing Denied September 14, 1977.


Attorney(s) appearing for the Case

Robert B. Summers, San Antonio, Tex., Edward J. Kionka, Carbondale, Ill., for plaintiffs-appellants.

H. Lee Godfrey, Austin, Tex., for defendant-appellee.

Before GEWIN, AINSWORTH and SIMPSON, Circuit Judges.


SIMPSON, Circuit Judge:

This is an action for attorneys' fees brought by the attorneys who represented the guardian of the estate of Robert O. Walters, III, an incompetent, in a personal injury case. The district court granted the motion of defendant guardian for summary judgment, and this appeal followed. We reverse.

FACTS

In 1966, Robert O. Walters, III, was employed by an engineering firm to work as a surveyor on a gas transmission pipeline being...

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