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Gastineau v. Wright

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ARGUED NOVEMBER 13, 2009

Before KANNE and TINDER, Circuit Judges, and GRIESBACH, District Judge.*fn1

This is an appeal by Robert Duff, attorney for the plaintiffs-appellants, from the district court’s corrected order on plaintiffs’ motions for attorney’s fees. Following a settlement on the first scheduled day of trial for the sum of $45,045.77, Duff submitted a motion requesting $140,290.00 in fees.*fn2 In its discretion, the district court determined that Duff’s experience and performance warranted much less, awarding $52,305.00 in fees. Duff argues that the district court erred in determining a reasonable fee by reducing his billable rate and the number of hours billed. Because we find that the judge did not abuse his discretion in setting the amount of the fee, we affirm.

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