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CITY OF NEW ORLEANS v. MUNICIPAL ADMIN. SERVICES

No. 03-30872.

376 F.3d 501 (2004)

CITY OF NEW ORLEANS, Plaintiff-Counter Defendant-Appellant, v. MUNICIPAL ADMINISTRATIVE SERVICES, INC., Defendant-Counter Claimant-Appellee.

United States Court of Appeals, Fifth Circuit.

July 20, 2004.

Attorney(s) appearing for the Case

Randall Alan Smith (argued), Andrew Lewis Kramer, Smith & Fawer, New Orleans, LA, for City of New Orleans.

Shaun G. Clarke (argued), Shannon S. Holtzman, Liskow & Lewis, New Orleans, LA, for Municipal Administrative Services, Inc.

Before SMITH, WIENER, and BENAVIDES, Circuit Judges.

JERRY E. SMITH, Circuit Judge:

The City of New Orleans appeals a judgment awarding Municipal Administrative Services, Inc. ("MAS"), the amount due it under a contingency fee contract. Finding no error, we affirm.

I.

MAS1 entered into a contract with the city to audit BellSouth's royalty payments to the city. The contract provided that in addition to a fixed fee, the city would pay MAS 20% of the amount it recovered from...

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