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in the event of a recovery, Winthrop and Weinstine will
be paid one-third (1/3) of the monetary amount obtained
in the lawsuit, whether by settlement or jury award.
and
In the event that an award of attorney's fees is
received by you as a plaintiff, then that award will be
considered as part of your total recovery with one-
third of the amount to be paid to Winthrop and
Weinstine and the remainder to be retained by you.
Under May 29, 1990, amendments to the contingency fee
agreements, it was provided that the amount of attorney's fees
would be "determined from the total monetary award actually
received by each plaintiff."
Correspondence from Winthrop and Weinstine to class action
plaintiffs dated October 2, 1989, stated:
Any court-awarded attorney's fees would be part of your
recovery from which the contingent fee will be
calculated.
Correspondence from Winthrop and Weinstine to class action
plaintiffs dated May 24, 1990, stated:
There are also some other categories of damages
asserted by all plaintiffs collectively. The first of
these is attorney's fees. Whether proceeding on a
contingent basis (as we are here) or on an hourly
basis, the prevailing plaintiffs in an employment
discrimination case are entitled to receive an award of
attorney's fees.
and
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