B-M-G Inv. Co., & Duncan Boeckman, Tr. v. Cont'l/moss Gordin, Inc., Fulton Indus., Inc., & Allied Prods. Corp., 437 F.2d 892 (5th Cir. 1971). · Go Syfert
B-M-G Inv. Co., & Duncan Boeckman, Tr. v. Cont'l/moss Gordin, Inc., Fulton Indus., Inc., & Allied Prods. Corp., 437 F.2d 892 (5th Cir. 1971). Cases Citing This Book View Copy Cite
25 citation events (2 in the last 25 years) across 10 distinct courts.
Strongest positive: Charles Ruffenach v. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates Series 2005-R8, Raymond Lozano, Alili Rihkrand, Islebrook at Meadow Woods Homeowners' Association, Inc., Orange County, and Cit Financial, Inc. (fladistctapp, 2026-03-20)
Treatment trajectory · 1971 → 2026 · click a year to view as-of
1971 1998 2026
Top citers, strongest first. 14 distinct citers. How cited ↗
discussed Cited as authority (rule) Charles Ruffenach v. Deutsche Bank National Trust Company, as Trustee for Ameriquest Mortgage Securities Inc., Asset- Backed Pass-Through Certificates Series 2005-R8, Raymond Lozano, Alili Rihkrand, Islebrook at Meadow Woods Homeowners' Association, Inc., Orange County, and Cit Financial, Inc.
Fla. Dist. Ct. App. · 2026 · confidence medium
Co. v. Cont’l Moss Gordin, Inc., 437 F.2d 892, 893 (5th Cir. 1971)) (internal alterations omitted)). 18 reasonableness of attorneys’ fees and make their own determination as to reasonableness of the fees, then it cannot be true that expert testimony is necessary for a trial judge to determine the reasonableness of attorneys’ fees.
cited Cited as authority (rule) Gordon v. Southtrust Bank
5th Cir. · 2004 · confidence medium
Co. v. Continental/Moss Gordin, Inc., 437 F.2d 892, 893 (5th Cir.1971).
discussed Cited as authority (rule) American Civil Liberties Union v. Barnes
11th Cir. · 1999 · confidence medium
Co. v. Continental/Moss Gordin, Inc., 437 F.2d 892, 893 (5th Cir.1971) (reducing the fee award by $75,000 after determining the award was excessive); In the Matter of TMT Trailer Ferry, Inc., 577 F.2d 1296, 1299-1300 (5th Cir.1978) (reducing the fee award by over $100,-000 after determining the award was excessive); Knighton v. Watkins, 616 F.2d 795, 800-01 (5th Cir.1980) (relying on this Court’s own' expertise to determine a reasonable hourly rate for purposes of calculating the fee award); In the Matter of U.S. Golf Corp., 639 F.2d 1197, 1206-07 (5th Cir.1981) (same). 10 At least three of …
discussed Cited as authority (rule) ACLU of Georgia v. Miller
11th Cir. · 1999 · confidence medium
Co. v. Continental/Moss Gordin, Inc., 437 F.2d 892, 893 (5th Cir. 1971) (reducing the fee award by $75,000 after determining the award was excessive); 19 In the Matter of TMT Trailer Ferry, Inc., 577 F.2d 1296, 1299-1300 (5th Cir. 1978) (reducing the fee award by over $100,000 after determining the award was excessive); Knighton v. Watkins, 616 F.2d 795, 800-01 (5th Cir. 1980) (relying on this Court’s own expertise to determine a reasonable hourly rate for purposes of calculating the fee award); In the Matter of U.S. Golf Corp., 639 F.2d 1197, 1206-07 (5th Cir. 1981) (same).10 At least three…
discussed Cited as authority (rule) In Re Wyslak
Bankr. N.D. Ill. · 1988 · confidence medium
In re TMT Trailer Ferry, Inc., 577 F.2d 1296, at 1304 (5th Cir.1978); B-M-G Investment Co. v. Continental/Moss Gordin, Inc., 437 F.2d 892, 893 (5th Cir.), cert. denied 402 U.S. 989 , 91 S.Ct. 1668 , 29 L.Ed.2d 154 (1971); Campbell v. Green, 112 F.2d 143 (5th Cir.1940); Mercantile-Commerce Bank & Trust Co. v. Southeast Arkansas Levee Dist., 106 F.2d 966, 972-73 (8th Cir.1938); In re Liberal Market, Inc., 24 B.R. 653, 657 (Bankr.S.D.
cited Cited as authority (rule) Larry Osborne (84-1421), Lawrence Montgomery (84-1424) v. Secretary of Health and Human Services
6th Cir. · 1985 · confidence medium
Co. v. Continental/Moss Gordin, Inc., 437 F.2d 892, 893 (5th Cir.), cert. denied, 402 U.S. 989 (1971); Firefighters Institute for Racial Equality v. City of St.
discussed Cited as authority (rule) Austin Municipal Securities, Inc. v. National Association of Securities Dealers, Inc., Defendants
5th Cir. · 1985 · confidence medium
Tex. 1961), and appear clearly, B-M-G Investment Co. v. Continental Moss-Gordin, Inc., 320 F.Supp. 968, 972 (N.D.Tex.1969), affd on issue cited and remanded in part on other issue, 437 F.2d 892, 893 (5th Cir.), cert. denied, 402 U.S. 989 , 91 S.Ct. 1668 , 29 L.Ed.2d 154 (1971).
discussed Cited as authority (rule) In Re Morgan
Bankr. D. Md. · 1985 · confidence medium
In In re BM-G Investment Co. v. Continental/Moss Gordin, Inc., 437 F.2d 892, 893 (5th Cir.1971), the court held: [A]ppellate courts, as trial courts, are themselves experts as to the reasonableness of attorneys’ fees, and may, in the interest of justice, fix the fees of counsel albeit in disagreement on the evidence with the views of the trial court.
cited Cited as authority (rule) In Re Casco Bay Lines, Inc.
1st Cir. BAP · 1982 · confidence medium
Co. v. Continental/Moss Gordin, Inc., 437 F.2d 892, 893 (5th Cir.1971), cert. denied, 402 U.S. 989 , 91 S.Ct. 1668 , 29 L.Ed.2d 154 (1971).
discussed Cited as authority (rule) Dolores J. Copeland, Individually and on Behalf of the Class of All Others Similarly Situated v. F. Ray Marshall, Secretary of Labor (2×)
D.C. Cir. · 1980 · confidence medium
Co. v. Continental/Moss Gordin, Inc., 437 F.2d 892, 893 (5th Cir.), cert. denied, 402 U.S. 989 , 91 S.Ct. 1668 , 29 L.Ed.2d 154 (1971) 44 See, e. g., Firefighters Institute for Racial Equality v. City of St.
cited Cited as authority (rule) 7 Fair empl.prac.cas. 1, 7 Empl. Prac. Dec. P 9079 Richard Johnson, Jr., and Frank Hill, Plaintiffs-Appellants-Cross v. Georgia Highway Express, Inc., Defendant-Appellee-Cross
5th Cir. · 1974 · confidence medium
B-M-G Investment Co. v. Continental/Moss Gordin, Inc., 437 F.2d 892, 893 (5th Cir. 1971).
discussed Cited as authority (rule) Ranger Insurance Company v. William R. Algie and Edith A. Algie
5th Cir. · 1973 · confidence medium
Weeks v. Southern Bell Telephone & Telegraph Co., 467 F.2d 95, 97 (5th Cir. 1972); Jinks v. Mays, 464 F.2d 1223, 1228 (5th Cir. 1972); Culpepper v. Reynolds Metal Co., 442 F.2d 1078 , 1081 (5th Cir. 1971); Electronics Capital Corp. v. Sheperd, 439 F.2d 692 , 693 (5th Cir. 1971); B-M-G Investment Co. v. Continental Moss Gordon, Inc., 437 F.2d 892, 893 (5th Cir. 1971); Hoffman v. Aetna Life Ins.
cited Cited "see" Electronics Capital Corporation v. William Donald Sheperd
5th Cir. · 1971 · signal: see · confidence high
See B-M-G Investment Co. v. Continental-Moss-Gordin, Inc., 437 F.2d 892 (5th Cir. 1971); Campbell v. Green, 112 F.2d 143 (5th Cir. 1940).
cited Cited "see" Electronics Capital Corporation v. William Donald Sheperd, No. 29763 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409, Part I
5th Cir. · 1971 · signal: see · confidence high
See B-M-G Investment Co. v. Continental-Moss-Gordin, Inc., 437 F.2d 892 (5th Cir. 1971); Campbell v. Green, 112 F.2d 143 (5th Cir. 1940).
Retrieving the full opinion text from the archive…
B-M-G INVESTMENT COMPANY, and Duncan Boeckman, Trustee, PlaintiffsAppellees,
v.
CONTINENTAL/MOSS GORDIN, INC., Fulton Industries, Inc., and Allied Products Corporation, Defendants-Appellants
29174.
Court of Appeals for the Fifth Circuit.
Feb 19, 1971.
437 F.2d 892
Morris I. Jaffe, Wynne, Jaffe & Finsley, Dallas, Tex., for defendants-appellants., George G. Potts, Hawkins Golden, Golden, Burrow, Potts & Boeckman, Dallas, Tex., for plaintiffs-appellees.
Gewin, Adams, Morgan.
Cited by 24 opinions  |  Published
PER CURIAM:

In this case appellees (as plaintiffs below) brought suit, alleging an event of default under a Purchase Agreement and seeking acceleration of maturity of the guaranteed part of an obligation, requesting declaratory judgment as to interpretation of a pro,vision of the Purchase Agreement and seeking attorneys’ fees. In an opinion which discusses thoroughly the facts and issues of law, see D.C., 320 F.Supp. 968, the district court granted appellees’ motion for summary judgment as to the Purchase Agreement in issue, holding that the rights of the appellees thereunder were clear and unambiguous, and further holding that the construction of the contract was for the court without resort to extrinsic evidence. We agree with the district court that the case was proper for summary judgment, but disallow the amount of $125,000 attorneys’ fees as awarded by the court below.

A perusal of the record indicates that, although by the standards of most attorneys, the case constitutes “big litigation”, it has to be borne in mind that there has been no trial in this case, no introduction of evidence or examination of witnesses except on the subject of attorneys’ fees, [1] no protracted conferences or meetings between the counsel for the parties, and less than one day in the courtroom before summary judgment was granted.

We are cognizant that fees to be allowed attorneys is a matter for the sound discretion of the trial judge and should not be set aside unless an abuse of discretion is made plainly to appear. See Connecticut Importing Co. v. Frankfort Distilleries, 2 Cir., 101 F.2d 79.

However, appellate courts, as trial courts, are themselves experts as to the reasonableness of attorneys’ fees, and may, in the interest of justice, fix the fees of counsel albeit in disagreement on the evidence with the views of the trial court. Mercantile-Commerce B. & T. Co. v. S. E. Arkansas L. Dist., 8 Cir., 1939, 106 F.2d 966, 972-973. Also, in Campbell, et al. v. Green, 5 Cir., 1940, 112 F.2d 143, this court observed that:

“The court, either trial or appellate, is itself an expert on the question (of attorneys’ fees) and may consider its own knowledge and experience concerning reasonable and proper fees and may form an independent judgment either with or without the aid or testimony of witnesses as to value.”

Considering all the factors and from a review of the record, we conclude that the attorneys’ fees in the amount of $125,000 awarded by the district court was excessive, and we hold that an allowance not in excess of $75,000 would be adequate and would fall within the bounds of moderation.

Affirmed in part and remanded in part.

1

. The opinion of three leading members of the Dallas Bar ranged from estimates of fees of $125,000 to $168,000.