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FORBUSH v. J.C. PENNEY CO.

No. 95-10975.

98 F.3d 817 (1996)

Mary Jane FORBUSH, Individually and on behalf of all other similarly situated, Plaintiff-Appellee, Frederick H. Shiver, Attorney, Appellant, v. J.C. PENNEY COMPANY, Pension Plan; William J. Alcorn; James P. Bryant; Frank Engels; Jay P. Hundley; Robert S. Gorin; Henry H. Scott; Gerald L. Shores, Defendants-Appellees. Catherine E. RHODES, Individually and on behalf of all others similarly situated, Plaintiff-Appellee, Frederick H. Shiver, Attorney, Appellant, v. J.C. PENNEY COMPANY, Pension Plan; William J. Alcorn; James P. Bryant; Frank Engels; Jay P. Hundley; Robert S. Gorin; Henry H. Scott; Gerald L. Shores, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

October 17, 1996.

Attorney(s) appearing for the Case

Cynthia Levin Moulton, Bristow, Hackerman, Wilson & Peterson, Houston, TX, Stephen Robert Bruce, Washington, DC, Burton D. Fretz, Washington, DC, for plaintiffs-appellees.

Sidney Katherine Powell, Powell & Associates, Dallas, TX, Ronald Dee Wren, Bedford, TX, S. Ann Saucer, Dallas, TX, for appellant.

Before DUHÉ and DENNIS, Circuit Judges, and DUVAL, District Judge.

DUVAL, District Judge:

BACKGROUND

This appeal is from the district court's apportionment of fees for plaintiff's local class counsel in a class action case based on Employee Retirement Income Security Act of 1974 ("ERISA") 29 U.S.C. § 1001, et seq. Appellant Frederick H. Shiver was first retained as local counsel by lead class counsel, Stephen Bruce, in December 1990. Bruce sent Shiver a letter dated March 15, 1991 (hereinafter "1991 letter agreement...

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