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WAGNER & WAGNER v. ATKINSON, HASKINS, NELLIS

Docket No. 08-4966-cv.

596 F.3d 84 (2010)

WAGNER & WAGNER, LLP, Daniel J. Baurkot, Esq., Non-Party-Appellants, Dayanara Rodriguez, an infant by her Parents and Natural Guardians, Evelyn Custodio and Lee Rodriguez, Evelyn Custodio, individually, and Lee Rodriguez, individually, Plaintiffs, v. ATKINSON, HASKINS, NELLIS, BRITTINGHAM, GLADD & CARWILE, P.C., Non-Party-Appellee, International Sales, Inc., International Group of Companies, Defendant-Cross-Claimant-Cross-Defendants, Target Corporation, Defendant-Third-Party-Plaintiffs, Royal Consumer Information Products, Inc., Defendant-Cross-Defendant-Cross-Claimant-Third-Party-Plaintiffs.

United States Court of Appeals, Second Circuit.

Decided: February 18, 2010.

Attorney(s) appearing for the Case

Edward Wagner (Michael P. Atkinson, on the brief), Wagner & Wagner, LLP, Staten Island, N.Y. (Daniel J. Baurkot, Basking Ridge, NJ), for Non-Party-Appellants.

Stacie L. Hixon, Atkinson, Haskins, Nellis, Brittingham, Gladd, & Carwile, Tulsa, OK, for Non-Party-Appellees.

Before WINTER, POOLER, and KATZMANN, Circuit Judges.

WINTER, Circuit Judge:

Wagner & Wagner, LLP, and Daniel J. Baurkot, Esq., appeal from Judge Gleeson's adoption of Magistrate Judge Mann's Report and Recommendation.

After an infant compromise hearing, Judge Mann awarded $107,654.56 in attorneys' fees and $49,866.84 in expenses to Atkinson, Haskins, Nellis, Brittingham, Gladd, & Carwile, P.C. (the "Atkinson firm" or "appellees"), and $133,286.60 in attorneys' fees and $2,378.86 in expenses to Wagner...

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