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IN RE YERMAKOV

Bankruptcy No. CC-81-1036-GKV.

21 B.R. 6 (1982)

In re Alexis M. YERMAKOV, dba Westerly Stud Farms, Debtor. Edward R. FITZSIMMONS and Richard Weldon, Appellants, v. Alexis M. YERMAKOV, dba Westerly Stud Farms; and Lawrence A. Diamant, Trustee, Appellees.

United States Bankruptcy Appellate Panels of the Ninth Circuit.

Decided April 1, 1982.

Attorney(s) appearing for the Case

Merle C. Meyers, Goldberg, Stinnett & MacDonald, San Francisco, Cal., for appellants.

Rauer L. Meyer, Bushkin, Kopelson, Gaims & Gaines, Los Angeles, Cal., for appellees.

Before GEORGE, KATZ and VOLINN, Bankruptcy Judges.

OPINION

VOLINN, Bankruptcy Judge:

Appellant, Edward R. Fitzsimmons, is attorney for the debtor-appellee, Alexis M. Yermakov. The subject matter of the appeal is appellant's claim for attorney's fees based on a written contingent fee agreement executed by the parties on September 26, 1978, more than one year prior to this Chapter 11 case, which was filed on February 4, 1980. The agreement provided that appellant's compensation was to be contingent on the...

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