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WEINBERGER v. GREAT NORTHERN NEKOOSA CORP.

No. 90-1822.

925 F.2d 518 (1991)

William WEINBERGER, et al., Plaintiffs, Appellants, v. GREAT NORTHERN NEKOOSA CORP., et al., Defendants, Appellees.

United States Court of Appeals, First Circuit.

Decided February 11, 1991.

Attorney(s) appearing for the Case

Stephen D. Oestreich (argued), with whom Laurence D. Paskowitz, Wolf Popper Ross Wolf & Jones, Peter L. Murray, Thomas C. Newman, and Murray, Plumb & Murray were on brief for plaintiffs, appellants.

Stuart J. Baskin (argued), with whom Alan S. Goudiss, Shearman & Sterling, Robert H. Stier, Jr., David A. Soley, and Bernstein, Shur, Sawyer & Nelson were on brief for defendants, appellees.

Peter J. Brann, Asst. Atty. Gen. (argued), State of Me., with whom James E. Tierney, Atty. Gen. and Thomas D. Warren, Deputy Atty. Gen., were on brief for State of Maine, amicus curiae.

Before SELYA and CYR, Circuit Judges, and BOWNES, Senior Circuit Judge.

SELYA, Circuit Judge.

This appeal requires that we consider, for the first time, how a district court should respond to an application for attorneys' fees made in conjunction with the voluntary discontinuance of a class action suit under circumstances where there is no common fund and the fees are to be paid pursuant to a "clear sailing" agreement.1 We hold that in such a situation the district court should ordinarily exercise its equity...

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