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BALLOW BRASTED O'BRIEN & RUSIN P.C. v. LOGAN

Docket No. 04-4925-CV.

435 F.3d 235 (2006)

BALLOW BRASTED O'BRIEN & RUSIN P.C., Plaintiff-Appellee, v. Gary LOGAN, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided January 20, 2006.

Attorney(s) appearing for the Case

Gary Logan, Las Vegas, NV (Andrew J. Harakas, Desmond T. Barry, Jr., Condon & Forsyth, New York, NY, of counsel), for Defendant-Appellant.

Richard T. Sullivan, Sullivan Oliverio & Gioia, Buffalo, NY, for Plaintiff-Appellee.

Before: MESKILL and CABRANES, Circuit Judges, and A.H. NEVAS, District Judge.

MESKILL, Circuit Judge.

This appeal from the United States District Court for the Western District of New York concerns the enforceability of an attorney substitution agreement (Agreement). Defendant-appellant Gary Logan, Esq., seeks to rescind an agreement with Ballow Brasted O'Brien & Rusin, P.C. (BBOR), obligating Logan to pay BBOR 20% of the attorney's fees Logan recovered from his representation of Mr. Eric Roll, who formerly had been BBOR's client. Logan...

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