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compensation, we shall exclude from the remaining amount eligible
for an award of attorney's fees one-third of the amount that Mr.
Izen received from the Belton fund.
To recapitulate, test case and nontest case petitioners
represented by Mr. Izen are entitled only to an award of
attorney's fees equal to two-ninths of the amounts that they paid
to the Belton fund. We have arrived at this fraction by
eliminating from consideration all attorney's fees and costs
incurred in providing services to Mr. Kersting, including the
two-thirds of the Belton fund payments to Messrs. Bradt and
Fujiwara and the law firm of Yempuku and Kugisaki, and one-third
of the amount that Mr. Izen received from the Belton fund.15
Messrs. Jones and Sticht have also failed to prove the
amount of attorney's fees that their clients incurred as a
consequence of the Government misconduct in the trial of the test
cases. Consistent with the preceding discussion, we are prepared
to award their clients attorney's fees and costs pursuant to
section 6673(a)(2) in amounts reduced from those claimed. In the
absence of satisfactory substantiation and justification of the
actual attorney's fees and costs incurred, we shall award
attorney's fees and costs in amounts equal to two-thirds of the
amounts claimed by Messrs. Jones and Sticht.
15 Our orders in these cases will give effect to our
holding on this point on the basis of the amounts that Mr. Izen
has reported that his clients contributed to the Belton fund.
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