ROSENBAUM v. MacALLISTER

No. 93-1498.

64 F.3d 1439 (1995)

Diane ROSENBAUM, on behalf of herself and all others similarly situated; Pamela Cagan, derivatively on behalf of US West, Inc., Plaintiffs-Appellees, Drake G. Russell, Appellant, v. Jack MacALLISTER, Richard D. McCormick, A. Gary Ames, US West, Inc., Richard J. Callahan, Howard P. Doerr, Defendants.

United States Court of Appeals, Tenth Circuit.

August 15, 1995.


Attorney(s) appearing for the Case

Dirk T. Biermann of Biermann & Fretz, and Donald Salcito of Ballard Spahr Andrews & Ingersoll (Joseph H. Fretz of Biermann & Fretz, and David B. Kelly of Ballard Spahr Andrews & Ingersoll, with them on the briefs), Denver, CO, for appellant Drake G. Russell.

Judith L. Spanier (Arthur N. Abbey, also of Abbey & Ellis, New York City; Gerald L. Bader, Jr. and Renee B. Taylor of Bader & Villanueva, Denver, CO; and James V. Bashian, New York City, with her on the briefs), for plaintiffs-appellees.

Before HENRY and LOGAN, Circuit Judges, and REED, District Judge.


LOGAN, Circuit Judge.

In this appeal we are asked to determine whether the district court abused its discretion in awarding plaintiffs' counsel $2,500,000 attorney's fees and $100,000 expenses, to be paid by US West, Inc., based on the settlement reached in a combined class action and derivative suit against US West and certain of its officers and directors. Drake G. Russell, an unnamed class member who is also a US West...

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