MOHAMED v. KERR

No. 95-2967.

91 F.3d 1124 (1996)

Joan Valentine MOHAMED, formerly known as Joan Valentine Kerr, Plaintiff-Appellee, v. Kevin Scott KERR; Ivan S. Kerr, Estate of, Defendants-Appellants, UNUM Life Insurance Company of America, a Maine corporation, Defendant.

United States Court of Appeals, Eighth Circuit.

Decided August 2, 1996.

Rehearing Denied August 28, 1996.


Attorney(s) appearing for the Case

Robert B. Fine, Minneapolis, MN, argued (Arthur Sund Nelson, on the brief), for appellant.

Mark C. McCullough, Minneapolis, MN, argued, for appellee.

Before BOWMAN, HEANEY, and BEAM, Circuit Judges.


HEANEY, Circuit Judge.

After summary judgment was granted in favor of his client, appellee's counsel transferred judgment proceeds received from the court to his client, except for a portion which he retained for himself, at least in part, as payment of his contingent legal fee. The summary judgment was subsequently reversed on appeal. Appellants seek to compel the attorney to return that portion of the judgment which he retained. Their motion was denied. We reverse...

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