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IN RE PORT ROYAL LAND & TIMBER COMPANY v. BERKOWITZ, LEFKOVITS, ISOM & KUSHNER

No. 90-7324.

924 F.2d 208 (1991)

In re PORT ROYAL LAND & TIMBER COMPANY, Debtor, Appellee, v. BERKOWITZ, LEFKOVITS, ISOM & KUSHNER, Attorneys for Debtor, Appellant.

United States Court of Appeals, Eleventh Circuit.

February 19, 1991.

Attorney(s) appearing for the Case

Susan S. Wagner, Berkowitz, Lefkovits, Isom & Kushner, Birmingham, Ala., for Berkowitz, Lefkovits, Isom & Kushner.

Wilbur G. Silberman and James Mendelsohn, Gordon, Silberman, Wiggins & Childs, Birmingham, Ala., for Commercial Law League of America.

Before HATCHETT and DUBINA, Circuit Judges, and HILL, Senior Circuit Judge.

PER CURIAM:

This appeal, taken from judgment of the district court affirming order of the bankruptcy court, 105 B.R. 72, puts in issue the basis for computing attorney fees in bankruptcy cases.

Although unsympathetic to the notion, the bankruptcy judge had concluded that he was bound by precedent of this court requiring that he not award fees for unsuccessful litigation even though the effort was found to have been actually...

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