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IN RE EQUIPMENT SERVICES, INC.

Nos. 01-1779, 01-1780.

290 F.3d 739 (2002)

In re EQUIPMENT SERVICES, INCORPORATED, Debtor. United States Trustee, Plaintiff-Appellant, v. Equipment Services, Incorporated, Defendant-Appellee. In re Equipment Services, Incorporated, Debtor. United States Trustee, Plaintiff-Appellee, v. Equipment Services, Incorporated, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided May 31, 2002.

Attorney(s) appearing for the Case

ARGUED: P. Matthew Sutko, Office of the General, Executive Office for United States Trustees, United States Department of Justice, Washington, D.C., for Plaintiff-Appellant. John Michel Lamie, Browning, Lamie & Gifford, P.C., Abingdon, Virginia, for Defendant-Appellee. ON BRIEF: Joseph A. Guzinski, Acting General, Office of the General, Executive Office for United States Trustees, United States Department of Justice, Washington, D.C.; Margaret K. Garber, Trial Attorney, Office of the United States Trustee, United States Department of Justice, Roanoke, Virginia; David R. Duncan, Regional Assistant United States Trustee, Office of the United States Trustee, United States Department of Justice, Columbia, South Carolina, for Plaintiff-Appellant.

Before NIEMEYER, WILLIAMS, and MICHAEL, Circuit Judges.

Affirmed in part and reversed in part by published opinion. Judge NIEMEYER wrote the opinion, in which Judge WILLIAMS joined. Judge MICHAEL wrote an opinion concurring in part and dissenting in part.

OPINION

NIEMEYER, Circuit Judge.

John M. Lamie, an attorney retained to represent Equipment Services, Inc. in bankruptcy, applied to the bankruptcy court for the payment of his legal fees incurred (1) prepetition...

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