Fidalgo Island Packing Company, a Corporation, and Clara Wilson v. A. B. Phillips, Executive Director, Employment Security Commission of Alaska

Previously in this case the District Court granted a judgment holding an administrative order null and void for lack of jurisdiction on the part of the territorial employee who purported to promulgate it, and issued an injunction against enforcement thereof. Fidalgo Island Packing Company v. Phillips, D. C., 120 F.Supp. 777 . Fidalgo Island was plaintiff in the cause and Clara Wilson an intervenor. A. B. Phillips, who formerly was Executive Director of the Employment Security Commission of Alaska, was defendant. Fidalgo Island and Wilson each prayed in the respective complaints for allowance of attorney fees. The judgment entered did not allow attorney fees, probably for the reason that the suit was actually against the Territory of Alaska. The purpose of the proceeding was to conserve governmental funds for the appropriate claimants, but was not an action upon the particular claims themselves. Any such allowance for attorney fees would be paid out of the Employment Security Fund or the administrative fund of the Commission. Fidalgo Island had no claim upon either of these funds, according to its allegations, but feared its contributions would be larger than lawful and that the…