Deadrich

This is an application for leave to prosecute appeal in the above-entitled action in forma pauperis. The application is not opposed.

Appellant states that the trial court denied a similar application by reason of the failure of the attorneys representing appellant to make an affidavit of poverty, basing his decision on our decision in Chetkovich v. United States, 47 F.(2d) 894 . In the Chetkovich Case the application was denied with leave to renew it on a proper showing. It appears from the record that after the rendition of this opinion the attorneys filed disclaimers as to attorneys’ fees, and the application for leave to proceed in forma pauperis was renewed and granted. In making the original order denying the application, the *319 court assumed that there might be an agreement for contingent attorneys' fees and applied the rule frequently applied by the federal courts in such cases, referring to United States v. Ross (C. C. A.) 298 F. 64 , 33 A. L. R. 728, and cases there cited. In assuming that there might be a contingent interest in the subject-matter of the suit and in enforcing the rule applicable to such a situation, the attention of the court was not directed to the…