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current and former employees of IDS who did not join were
notified that they were not entitled to share in any recovery.
Petitioner asserts that the attorney's fees were not awarded
to him personally, but rather that they were awarded directly to
Winthrop and Weinstine. Petitioner points to the fact that
Winthrop and Weinstine was the sole payee on the $23,783,333
check that included the portion of the funds recovered allocable
to attorney's fees, and petitioner argues that under ADEA an
award of attorney's fees is authorized directly to the
plaintiffs' attorneys.
We note that the $23,783,333 check included the $12,616,666
portion of the award allocated to tort damages awarded to the
class action plaintiffs and that the total amount of this check
was deposited into a trust account in favor of the class action
plaintiffs. Presumably, if the class action plaintiffs had no
interest in the portion of the funds allocable to attorney's
fees, two checks would have been requested, and each check would
have been deposited into separate accounts -- one for the class
action plaintiffs in the amount of $12,616,666 representing the
tort damages received and one for Winthrop and Weinstine in the
amount of $11,166,666 representing the attorney's fees.
The relevant documentation in the Glass and Stephens class
action lawsuits against IDS repeatedly acknowledges that
attorney's fees would be owed by the class plaintiffs and that
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