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FOSHEE v. LLOYDS, NEW YORK

No. 78-1557.

619 F.2d 1104 (1980)

Wheeler G. FOSHEE, Jr., et al., etc., Plaintiffs-Appellees, United States Steel Corp., a corporation, and Ring Around Products, Inc., Plaintiffs-Intervenors, v. LLOYDS, NEW YORK et al., Defendants-Appellants. BANK OF BREWTON, a Banking Corporation, Plaintiff, Ring Around Products, Inc., et al., Plaintiff-Intervenors, v. NYTCO SERVICES, INC., a corporation, Defendant and Third-Party Plaintiff-Appellant, v. Wheeler G. FOSHEE, Jr., and E. Crum Foshee et al., Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

June 25, 1980.

Attorney(s) appearing for the Case

Robert S. Lamar, Jr., John R. Matthews, Jr., Montgomery, Ala., for defendants-appellants.

C. William Gladden, Jr., Birmingham, Ala., for Lloyds, New York, and Lloyds, London.

Hobbs, Copeland, Franco & Screws, Albert W. Copeland, Montgomery, Ala., Tipler & Fuller, Frank J. Tipler, Jr., W. Sidney Fuller, Andalusia, Ala., for Wheeler G. Foshee, Jr. & E. Crum Foshee.

Before VANCE, POLITZ and RANDALL, Circuit Judges.

VANCE, Circuit Judge:

This appeal arises from two separate but related actions that the district court consolidated for trial. The gist of this appeal, governed by the laws of Alabama, concerns the propriety of the district court's actions in establishing a common fund from peanut insurance proceeds, awarding attorneys fees and expenses from that fund, setting the value of those fees, assigning priority to the attorneys' claims against the fund, and allowing the insurance...

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