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FARY v. AQUINO

Record No. 761385.

241 S.E.2d 799 (1978)

Albert L. FARY, Jr. v. John F. AQUINO, Individually and t/a etc., et al.

Supreme Court of Virginia.

March 3, 1978.

Attorney(s) appearing for the Case

J. Wayne Sprinkle, Portsmouth, for plaintiff in error.

Steven Lieberman, Asst. City Atty., Maurice Steingold, Norfolk (Gordon B. Tayloe, Jr., City Atty., Portsmouth, H. Joel Weintraub, Richard H. Matthews, Steingold, Steingold & Nachman, Norfolk, on briefs), for defendants in error.

Before I'ANSON, C. J., and CARRICO, HARRISON, COCHRAN, HARMAN and COMPTON, JJ.

HARMAN, Justice.

By this writ of error Albert L. Fary, Jr. (Fary), an attorney, challenges the trial court's action in sustaining demurrers filed to his amended motion for judgment1 by John F. Aquino (Aquino) and the City of Portsmouth (the City).

In sustaining the demurrers to Fary's action to enforce his lien for attorney's fees, the trial court, in its letter opinion, treated the following facts as well pleaded in the amended...

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