William E. Craig v. Jo B. Gardner Book Reviews

William E. Craig v. Jo B. Gardner by Supreme Court of Nebraska Book Summary

This case is a consolidation of separate appeals by two law firms, Jo B. Gardner, Inc., and J. Arnot Hill and his associate, Sloan R. Wilson, from a judgment in interpleader in the Jackson County circuit court. The main dispute is over a fee. Appeal was originally taken to the western district of the court of appeals, but the cause was transferred to this court prior to opinion because within our exclusive appellate jurisdiction under Mo. Const. art. V, § 3 (1945), since the constitutional validity of a portion of the Railroad Unemployment Insurance Act, 45 U.S.C. § 362 (o) (1976) is at issue. Gardner asks us to determine whether the circuit court correctly awarded to Hill attorney fees of 25 percent of a recovery by Craig, plaintiff in the main action (a federal employers liability action, known as an FELA claim) and a defendant in interpleader, from his employer, Burlington Northern, Inc., and 40 percent to Gardner, with Hills 25 percent taken from Gardners percentage due to the latters promise to pay any fees owning to "other attorneys" by Craig. Secondly, we are asked to decide whether the United States Railroad Retirement Board can constitutionally claim a right to recovery under 45 U.S.C. § 362 (o) of all sums paid by it to Craig from the amount collected by him in his judgment against Burlington Northern and, if so, and the Board do so without payment of a portion of Gardners attorneys fees. Finally, Hill argues in his cross appeal that the court erred in failing to award him his proportionate share of the income produced on the interpleader fund, in addition to his attorney fees.

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William E. Craig v. Jo B. Gardner (Supreme Court of Nebraska) Book Reviews 2024

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