Jerry and Patricia A. Dixon, et al. - Page 55

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          D.        Computation of Potentially Compensable Fees                       
               We now determine the amount of claimed fees that, to the               
          extent paid or incurred by real parties in interest who satisfy             
          section 7430’s net worth requirement (hereafter, eligible                   
          persons), see infra Part III.F., are compensable under section              
          7430.  Where the fee requests reflect the use of “block billing”            
          (i.e., the assignment of multiple discrete tasks to a single                
          block of time), we use our best judgment to allocate the                    
          aggregate amount of time among the various tasks.                           
                    1.   The Hongsermeiers--Work on the Appeal48                      
                    a.   2001                                                         
               Taking into account the $140 rate cap in effect for 2001,              
          the Hongsermeiers claim 377.17 hours at $140 per hour, 31 hours             
          at $100 per hour, and 17.69 hours at $50 per hour.  Regarding the           
          50-percent reduction for time deemed attributable to both the               
          dispute with the steering committee and the appeal, we have                 
          assigned 16.4 hours in December to client communications (Minns:            
          8.5 hours; associate attorney:  4.5 hours; legal assistant:  3.4            
          hours).  We therefore (1) reduce the $140 (Minns) time by 4.25              
          hours (50% of 8.5 = 4.25), leaving 372.92 hours; (2) reduce the             
          $100 (associate) time by 2.25 hours (50% of 4.5 = 2.25), leaving            


          48 Because the Defense Fund retained Minns to pursue the                    
          appeal and a separate group subsequently retained him to pursue             
          appellate fees, we compute the potentially compensable fees with            
          respect to those two engagements separately.  The Hongsermeiers             
          claim $220,201 for work on the appeal and $56,233.75 for work on            
          the fee request.                                                            



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