Beardsley v. Cockerell, No. Misc. 8-65.

CourtUnited States District Courts. United States District Court (Columbia)
Writing for the CourtFrancis C. Browne, Browne, Schuyler & Beveridge, Washington, D. C., for Melville W. Beardsley
Citation240 F. Supp. 845
PartiesMelville W. BEARDSLEY v. Christopher S. COCKERELL (two cases).
Docket NumberNo. Misc. 8-65.
Decision Date28 April 1965

240 F. Supp. 845

Melville W. BEARDSLEY
v.
Christopher S. COCKERELL (two cases).

No. Misc. 8-65.

United States District Court District of Columbia.

April 28, 1965.


240 F. Supp. 846

Irving R. M. Panzer, Washington, D. C., for A. Fred Starobin.

Francis C. Browne, Browne, Schuyler & Beveridge, Washington, D. C., for Melville W. Beardsley.

JACKSON, District Judge.

This was a motion on behalf of A. Fred Starobin, an Attorney at Law, to quash two subpoenas duces tecum served upon him by Melville W. Beardsley, a party in the above-captioned proceedings.

Testimony and argument were heard on March 5, 1965, and counsel were invited to submit briefs. The briefs having been considered, and the testimony weighed, the Court ruled that the subpoenas should be quashed.

Pursuant to Rule 52 of the Federal Rules of Civil Procedure, the Court separately states its Findings of Fact and Conclusions of Law as follows:

FINDINGS OF FACT

1. A. Fred Starobin is an attorney and a member of the bar of the District of Columbia, having been admitted to practice on December 3, 1956.

2. (a) Since his admission to the bar, Starobin has been continuously in the private practice of law, maintaining his own office and paying all his own office expenses. (b) Since the latter part of 1959, his office has been in the Munsey Building, Washington, D. C.; before that time he used the services of an answering service at 734 15th Street, N. W., to receive mail and telephone calls and to rent rooms in which to confer with clients.

3. At all times since he has been in the private practice of law, Starobin has had clients other than National Research Associates, Inc.

4. (a) In the latter part of 1958, Starobin began to do work for a corporation named National Research Associates, Inc. (b) The President of the corporation at that time was William Alper; the Vice President at that time was Melville W. Beardsley, who at times also served as Treasurer and later as President of the corporation. Mr. Alper and Mr. Beardsley were the co-founders of the corporation, and together they owned then — and still own at this time — a majority of all the outstanding stock of the corporation. (c) Beardsley was the inventor in a number of patent applications for devices called "air cushion vehicles", around which the business of National Research Associates, Inc., was formed.

5. At all times, the office of National Research Associates, Inc., was in Maryland, originally in College Park and subsequently in Laurel.

6. The work performed by Starobin for National Research Associates, Inc. beginning in the latter part of 1958, consisted of three different services — legal patent work; legal non-patent work; and serving as Secretary of the corporation. For doing all of this work, Starobin was to receive the sum of $100.00 per week, for which he was to devote such amount of time to the corporation as in his estimation would be applicable to compensation of $100.00 per week. Social security payments...

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6 practice notes
  • Practice and procedure: Patent and trademark cases rules of practice; representation of others before Patent and Trademark Office,
    • United States
    • Federal Register December 12, 2003
    • 12 Diciembre 2003
    ...e.g., Redevelopment Land Agency v. Dowdey, 618 A.2d 153, 159-60 (D.C. 1992), and cases cited therein. See also Beardsley v. Cockerell, 240 F.Supp 845 (D.D.C. 1965) (attorney retaining lien applied to legal patent work, legal non-patent work, and other property for payment for services). Whe......
  • Part II
    • United States
    • Federal Register December 12, 2003
    • 12 Diciembre 2003
    ...e.g., Redevelopment Land Agency v. Dowdey, 618 A.2d 153, 159-60 (D.C. 1992), and cases cited therein. See also Beardsley v. Cockerell, 240 F.Supp 845 (D.D.C. 1965) (attorney retaining lien applied to legal patent work, legal non-patent work, and other property for payment for services). Whe......
  • Matters of Browy, No. 75--1641
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 6 Enero 1976
    ...third parties (In re Professional Hockey Antitrust Litigation (Multidist, Lit.), 371 F.Supp. 742 (E.D.Pa.1974); Beardsley v. Cockerell,240 F.Supp. 845 (D.D.C.1965)), and the trustee in bankruptcy. In re San Juan Gold, Inc., supra. It makes no difference that San Juan Gold was a reorganizati......
  • In re Garcia, Bankruptcy No. 86-02645G
    • United States
    • United States Bankruptcy Courts. Third Circuit. U.S. Bankruptcy Court — Eastern District of Pennsylvania
    • 27 Enero 1987
    ...some cases which state that a retaining lien is valid as to third parties. See Matter of Browy, 527 F.2d at 801; Beardsley v. Cockerell, 240 F.Supp. 845, 848 (D.D.C.1965). Indeed, the trustee in 69 BR 525 bankruptcy is a third party to whom the retaining lien applies. Nevertheless, I conclu......
  • Request a trial to view additional results
4 cases
  • Matters of Browy, No. 75--1641
    • United States
    • United States Courts of Appeals. United States Court of Appeals (7th Circuit)
    • 6 Enero 1976
    ...third parties (In re Professional Hockey Antitrust Litigation (Multidist, Lit.), 371 F.Supp. 742 (E.D.Pa.1974); Beardsley v. Cockerell,240 F.Supp. 845 (D.D.C.1965)), and the trustee in bankruptcy. In re San Juan Gold, Inc., supra. It makes no difference that San Juan Gold was a reorganizati......
  • In re Garcia, Bankruptcy No. 86-02645G
    • United States
    • United States Bankruptcy Courts. Third Circuit. U.S. Bankruptcy Court — Eastern District of Pennsylvania
    • 27 Enero 1987
    ...some cases which state that a retaining lien is valid as to third parties. See Matter of Browy, 527 F.2d at 801; Beardsley v. Cockerell, 240 F.Supp. 845, 848 (D.D.C.1965). Indeed, the trustee in 69 BR 525 bankruptcy is a third party to whom the retaining lien applies. Nevertheless, I conclu......
  • In re Coudert Brothers LLP, Case No. 06-12226(RDD) (Bankr. S.D.N.Y. 11/21/2007), Case No. 06-12226(RDD).
    • United States
    • United States Bankruptcy Courts. Second Circuit. U.S. Bankruptcy Court — Southern District of New York
    • 21 Noviembre 2007
    ...common law retaining lien on any client property in their possession for unpaid legal fees and expenses. Beardsley v. Cockerell, 240 F. Supp. 845, 848 (D. D.C. 1965); DC Bar Legal Ethics Comm. Op. 230 (September 15, 1992) ("DC Bar Opinion 230"). Such a "retaining lien attache......
  • Anthony v. Bitler, No. 95 C 3820.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • 22 Enero 1996
    ...unencumbered discovery and equitable administration of justice. Although this court notes that Browy cited to Beardsley v. Cockerell, 240 F.Supp. 845, 848 (D.D.C.1965) which held that the lien is enforceable as to third parties without qualification, this court favors the balancing rule art......

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