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HERR v. CARTER LUMBER, INC.

No. 79A02-0803-CV-290.

888 N.E.2d 853 (2008)

Thomas J. HERR, Appellant-Plaintiff, v. CARTER LUMBER, INC., The Carter Jones Lumber Company and Brian L. Oaks, Appellees-Defendants.

Court of Appeals of Indiana.

June 24, 2008.

Attorney(s) appearing for the Case

Thomas J. Herr, Lafayette, IN, Attorney for Appellant.

Alan D. Wilson, Kokomo, IN, Attorney for Appellee.

OPINION

BROWN, Judge.

Thomas J. Herr appeals the trial court's judgment in his action against Carter Lumber, Inc., the Carter Jones Lumber Company (collectively, "Carter Lumber"), and Brian Oaks for unpaid attorney fees. Herr raises one issue, which we restate as whether the trial court's order that Herr receive his compensation under a contingency fee agreement only after Carter Lumber makes a recovery is clearly erroneous. We affirm.

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