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Ladewig Appeals Of Attorney Fees Set For April 28

Arizona Capitol Reports Staff//March 5, 2004//[read_meter]

Ladewig Appeals Of Attorney Fees Set For April 28

Arizona Capitol Reports Staff//March 5, 2004//[read_meter]

The Arizona Court of Appeals is scheduled to hear oral arguments on April 28 in two appeals in the Ladewig tax refund case.

The appeal (1 CA-TX030012) brought by the attorneys for the class action plaintiffs, Bonn & Wilkins of Phoenix, will be heard at 10:15 a.m. Each side will be given 20 minutes.

Bonn & Wilkins is seeking to be paid $42 million rather than the $15 million ordered by the trial court.

The appeal (1 CA-TX030013) from Tucson residents William Lee McLane and Nola McLane, who are objecting to the trial court’s structure of the payment to Bonn & Wilkins, will be heard 45 minutes earlier, at 9:30 a.m. Each side will be given 20 minutes.

The McLanes, who are spouses, tax attorneys and members of the Ladewig settlement class, allege that the lower amount – $15 million – discourages the law firm from providing ongoing legal advice through the course of the settlement.

The McLanes also contend that the Department of Revenue has a history of discouraging taxpayers from claiming court-ordered refunds, and shouldn’t have been allowed to inject itself in the fee-setting portion of the trial. —

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