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IN RE AIRSPECT AIR, INC.

No. 03-3303, 03-3484.

385 F.3d 915 (2004)

In re: AIRSPECT AIR, INC., Debtor. Jeffrey L. Nischwitz; Timothy L. McGarry; Chriszt McGarry Company, L.P.A., formerly known as Nischwitz, Pembridge & Chriszt Co., L.P.A., Appellees, v. Spasoje MISKOVIC, the sole interest holder in Debtor Airspect Air, Inc. (03-3303); Saul Eisen, U.S. Trustee, for Region 9 (03-3484), Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: October 4, 2004.

Attorney(s) appearing for the Case

Daniel J. McGown, Sr. (argued and briefed), Wadsworth, OH, Roger Craig Green (argued and briefed), U.S. Department of Justice, Civil Division, Washington, D.C., for Appellants.

Timothy L. McGarry (argued and briefed), Chriszt McGarry Co., Cleveland, OH, for Appellees.

Before: SILER and ROGERS, Circuit Judges; FORESTER, Chief District Judge.

SILER, Circuit Judge.

The bankruptcy court authorized Airspect Air, Inc. ("Airspect"), then in Chapter 11 proceedings, to retain Jeffrey Nischwitz as special counsel in order to prosecute a breach of contract action against the City of Akron (the "City"). Airspect retained Nischwitz under a contingency fee agreement, and, after the lawsuit settled, Nischwitz filed an application for his contingency fee. The bankruptcy court denied the application, however, finding...

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