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SEARS v. ATCHISON, TOPEKA & SANTA FE RY. CO.

No. 85-1982.

779 F.2d 1450 (1985)

Joe Vernon SEARS, an individual, in person, and for all other persons similarly situated, Plaintiff-Appellee, Albert L. Bennett, C.J. Skelton, Archie N. Jones, Forest D. Tollett, John W. Landrum, Lawson C. Spencer, Thomas H. White, Earlie Nash, Aubrey A. Robinson, Edward Rawlins, John W. Cole, Charles Majors, Jr., Jesse J. Smith, Paul H. Stewart, Jimmy E. Brown, Carl E. Chester, Ray E. Landrum, Raymond Wiley, Eglieelgie Crow and Ellis Johnson, Criscel Kemp, A.M. Bennett, A.L. Woolfolk, T.C. Luckey and W.W. Seymour, the Brotherhood of Sleeping Car Porters, Intervenors-Plaintiffs-Appellees, Mildred Collins, Executrix of the Estate of James Collins, Jr., Deceased, Plaintiff, Terry G. Paup, individually and on his own behalf, Appellant, v. The ATCHISON, TOPEKA & SANTA FE RAILWAY COMPANY, Defendants-Appellees, United Transportation Union, successor to Brotherhood of Railway Trainmen, a labor organization, Defendant.

United States Court of Appeals, Tenth Circuit.

December 18, 1985.

Attorney(s) appearing for the Case

Donald W. Bostwick of Adams, Jones, Robinson and Malone, Wichita, Kan., for appellant.

Harold V. Matney, Kansas City, Kan., and Lee H. Woodard of Woodard, Blaylock, Hernandez, Pilgreen & Roth, Wichita, Kan., and Willis L. Toney and Sammie Edwards, Kansas City, Mo., for intervenors-plaintiffs-appellees.

Before BARRETT and LOGAN, Circuit Judges, and BALDOCK, District Judge.

BARRETT, Circuit Judge.

The sole issue presented by this appeal is whether the district court erred, based on the facts in this record, in applying the en banc opinion of this court in Cooper v. Singer, 719 F.2d 1496 (10th Cir.1983) retrospectively so as to abrogate contractual fee agreements entered into between appellant Terry G. Paup, the attorney (hereinafter referred to as Paup) and twenty-two (22) clients in 1972...

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