United States District Court, Northern District of Illinois, E.D
April 12, 1962
A.C. BECKEN CO., AN ILLINOIS CORPORATION, PLAINTIFF,
THE GEMEX CORPORATION, A NEW JERSEY CORPORATION, DEFENDANT.
The opinion of the court was delivered by: Miner, District Judge.
This matter coming on to be heard to determine the amount to be
allowed plaintiff as a reasonable attorney's fee pursuant to the
Mandate of the Court of Appeals for the Seventh Circuit (opinion
reported at 272 F.2d 1), and on the terms of an order entered by
that court on February 16, 1962, and this court having heard and
examined the admissible evidence offered by plaintiff, the
verified petition as amended, and the memorandum in support of
plaintiff's petition for the allowance of attorney's fees, and
the court having heard the argument offered on behalf of the
defendant in rebuttal and having read the defendant's answer to
the plaintiff's petition, and the court being fully advised, the
court enters its Findings of Fact and Conclusions of Law as
FINDINGS OF FACT
1. Counsel for the plaintiff undertook the responsibility to
advise its client to withdraw from an active market rather than
enter into a conspiracy and the plaintiff necessarily sustained
damages by loss of profits, and counsel thereafter prosecuted
this suit on behalf of plaintiff.
2. Counsel for the plaintiff prepared and presented the issues
on behalf of the plaintiff in the Trial Court and in the
Appellate Court as follows:
(a) Presentation of the plaintiff's case at the trial level
where the case was dismissed on the merits;
(b) appeal to the Court of Appeals for the Seventh Circuit,
where the judgment of the District Court was reversed;
(c) presentation of a brief when the defendant petitioned for
rehearing or modification of the opinion, and the petition was
(d) presentation of a printed brief when defendant petitioned
for a writ of certiorari to the United States Supreme Court, and
the petition was denied;
(e) defense on behalf of the plaintiff to the defendant's case
when the trial was completed pursuant to the Mandate of the Court
of Appeals, and at the close of proofs filing a written brief
pursuant to the order of the Trial Court.
3. Counsel for the plaintiff devoted a minimum of 600 hours of
partners' time and additional time of associates. Under the
evidence presented on the issue of attorney's fees, the fair and
reasonable compensation for time spent by partners in this type
of litigation, in this district during the time of this suit, is
$50.00 per hour.
4. The case was prosecuted successfully and damages in the
amount of $24,764.68, trebled, were awarded.
5. The plaintiff did not have the benefit of any prior judgment
or decision in any prior action brought against the defendant.
6. The court is aware of the conferences, argument, work and
counseling of counsel prior to the trial, and of the various
motions, arguments and written pleadings filed subsequent to the
entry of the judgment order of this court on September 29, 1961.
7. The amount of $25,000 is, under the evidence presented on
the issue of attorney's fees, a fair, reasonable and proper
amount to be allowed plaintiff as attorney's fees in this case.
CONCLUSIONS OF LAW
1. The plaintiff is entitled to taxable costs of suit including
a reasonable attorney's fee pursuant to the Mandate of the Court
of Appeals for the Seventh Circuit issued November 24, 1959.
2. The plaintiff has supported its verified petition by
competent evidence, supported
by legal authority and by qualified expert opinion as to the
amount of such a reasonable attorney's fee.
3. The defendant failed to rebut the proof of plaintiff as to
the reasonable amount to be allowed plaintiff as attorney's fee.
4. The fair, reasonable and proper amount to be allowed
plaintiff as attorney's fees is $25,000.
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