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F.T.C. v. ASSAIL, INC.

Nos. 03-51461, 03-51462.

410 F.3d 256 (2005)

FEDERAL TRADE COMMISSION, Plaintiff-Appellee, v. ASSAIL, INC.; et al., Defendants, Robert M. Draskovich, Appellant, v. Robb Evans & Associates, LLC, Appellee. Federal Trade Commission, Plaintiff-Appellee, v. Assail, Inc.; et al., Defendants, Dean Y. Kajioka, Appellant, v. Robb Evans & Associates, LLC, Appellee.

United States Court of Appeals, Fifth Circuit.

May 19, 2005.

Attorney(s) appearing for the Case

John Andrew Singer (argued), John F. Daly, F.T.C., Washington, DC, for F.T.C.

Steven Gregory White (argued), Naman, Howell, Smith & Lee, Waco, TX, for Robert M. Draskovich.

Gary Owen Caris (argued), Lesley Anne Hawes, Frandzel, Robins, Bloom & Csato, Los Angeles, CA, for Appellee.

Before KING, Chief Judge, and GARZA and BENAVIDES, Circuit Judges.

KING, Chief Judge:

This consolidated appeal concerns the district court's refusal to award attorney's fees to two attorneys whose clients had their assets frozen as part of a civil case brought by the Federal Trade Commission. After the district court entered an asset freeze order, the two clients paid substantial retainers to their attorneys. In separate orders, the district court ordered the attorneys to turn all or substantially all the funds over to the court...

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