Hoyt W. and Barbara D. Young, et al. - Page 57

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               H.   Amounts Paid or Incurred by Eligible Persons                      
                    1.   Izen Fee Request                                             
                    a.   Indirect Payments                                            
               In his affidavit submitted with the Izen fee request, Izen             
          states:  “From the time of the filing of the Notice of Appeal,              
          June, 2000, until November, 2000, a portion, but not all of my              
          billings for Test Case representation were paid by the Atlas                
          Legal Defense Fund”.  However, in response to respondent’s                  
          subsequent reference to that statement, the Izen petitioners                
          state:                                                                      
               Respondent is mistaken when Respondent claims that the                 
               Atlas Legal Defense Fund paid Izen’s fees on appeal for                
               work performed between June, 2000 and November, 2000.                  
               The Atlas Legal Defense Fund refused to pay Izen’s                     
               bill.                                                                  
          Accordingly, we need not concern ourselves, as we did in Dixon              
          VII, with indirect payments by eligible persons through the                 
          Defense Fund.                                                               
                    b.   Indirect Obligations                                         
               In Dixon VII, we concluded that three members of the Defense           
          Fund’s steering committee, all nontest case petitioners, were               
          liable for the Defense Fund’s obligations to Porter & Hedges                
          under the terms of the Fund’s retainer agreement with that firm.            
          In contrast, the Izen petitioners have failed to produce any                
          contract between Izen and the Defense Fund for the provision of             
          appellate legal services, let alone any agreement on the part of            
          individual nontest case petitioners to accept personal liability            




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