Buffum

In this case now on appeal to this court, the appellees appeared generally and filed briefs discussing the ease upon the merits, and the matter was argued by all parties in open court and taken under submission. Thereafter appellees filed a motion to dismiss the appeal upon the ground that the court had no jurisdiction to entertain the appeal of the Maryland Casualty Company, which is also a creditor, for the reason that the right to appeal from the order allowing fees must be prosecuted by the trustee, or, in the event that he does not, then by permission given by the court to a creditor, who must appeal in the name of the trustee ; that such permission was not requested, and no such order entered; and that therefore the court is without jurisdiction. In this case the trustee is made a party defendant. It also appears that the order of the District Court appealed from awards costs and interest against appellant, wherein this ease differs from that of Maryland Casualty *290 Co. v. George R. Freeman, Adm’r, etc. (C. C. A.) 71 F.(2d) 1011 , and other cases cited by appellee.

Motion to dismiss denied.

On the Merits.

This is an appeal from an order of the District Court made in the matter of the bankruptcy of the estate of Henry Joseph Bareeloux, bankrupt, confirming the order of the referee in bankruptcy allowing compensation to the attorneys for the trustee on account.

Henry Joseph Bareeloux is a bankrupt. Buffum is the trustee in bankruptcy, who, on March 16, 1927, employed and appointed Devlin & Devlin as attorneys for the trustee, and said attorneys are still acting in that capacity.

A petition was filed before the referee in bankruptcy by Devlin & Devlin, George R. Freeman, and Horace B. Wulff, asking for allowance of fees for services rendered as attorneys for the trustee in bankruptcy in the sum of $55,000. Of this sum $50,000 was asked as compensation for services rendered in an equity suit, being 40 per cent, of the amount recovered as a result of said litigation; the balance of $5,000 was for other services. The referee allowed the sum of $25,000 “on account and as part payment * * * reserving for future hearing and adjudication the total reasonable' value of said services.” The Maryland Casualty Company, appellant here, as assignee of a number of claims of…