Ex parte Fahey et al. isc

• Decision Date: 30 April 1947
• Docket Number: M,No. 133,133
• Citation: 332 U.S. 258,91 L.Ed. 2041,67 S.Ct. 1558
• Parties: Ex parte FAHEY et al. isc
• Court: U.S. Supreme Court

332 U.S. 258

67 S.Ct. 1558

91 L.Ed. 2041

Ex parte FAHEY et al.

No. 133, Misc.

Argued on Return to Rule to Show Cause

April 30, 1947.

Decided June 23, 1947.

Mr. Oscar H. Davis, of Washington, D.C., for petitioners on support of the motion for leave to file.

Messrs. Welburn Mayock, of Los Angeles, Cal., and Charles K. Chapman, of Long Beach, Cal., for respondentPeirson M. Hall, Judge, in opposition thereto.

Mr. Justice JACKSONdelivered the opinion of the Court.

This petition by John H. Fahey, individually and as Federal Home Loan Bank Commissioner, and A. V. Amman, individually and as Conservator for the Long Beach Federal Savings and Loan Association, invokes the original jurisdiction of this Court.They ask leave to file petition fr a writ o f 'mandamus and/or prohibition and/or injunction' against Judge Peirson M. Hall of the United States District Court for the Southern District of California to vacate his order allowing fees to counsel in Fahey v. Mallonee, 332 U.S. 245, 67 S.Ct. 1552, to prohibit any further allowance therein, and to enjoin any payments heretofore allowed.

While an appeal in the principal case was pending in this Court, application was made by various counsel for the plaintiffs and associated interests therein for allowance of fees aggregating some $125,000.The District Court allowed counsel for plaintiffs $50,000 as a partial payment on account of services, but withheld action on other applications.Certain costs and expenses of the plaintiffs in the amount of $17,295.13 were also ordered reimbursed.

The petition involves serious questions of law and of fact.Whether, because of the pendency of the appeal and the stay order granted therein, the District Court had power to entertain the application, whether before the final outcome of the case could be known an allowance was premature, whether the source of...