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eligible contributions first to the Fund’s $60,000 payment for
potentially compensable fees and expenses. It follows that
eligible persons paid $60,000 of the potentially compensable
amount of $248,049.27.
2. Amounts Paid Directly to Minns
The Hongsermeiers and each member of the group of 38 paid
Minns a $3,500 retainer fee for continued representation of their
interests in post-appellate matters, including services relating
to the Hongsermeiers’ appellate fee request. We have received
net worth affidavits for all but five of those persons. Thus, at
least $119,000 of the $136,500 initially paid by this group to
Minns derives from eligible persons. We allocate that $119,000
first to the $56,233.75 claimed by the Hongsermeiers for services
relating to the fee request. See supra note 48. It follows that
eligible persons paid the entire portion of the claimed amount
that is potentially compensable--$36,269.20. See supra Part
III.D.2.
3. Amounts Incurred But Not Paid
While eligible persons have paid all the potentially
compensable fees with respect to the Hongsermeiers’ fee request
(thus obviating the need to determine whether eligible persons
are liable for any unpaid amounts), eligible persons have paid
only $60,000 of the $248,049.27 that is potentially compensable
with respect to the PH petitioners’ fee request. Under the terms
of the Defense Fund’s agreement with Porter & Hedges, nontest
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