George McKenna and Shari A. Berger Gary Slippy and Candida Wright v. Sears, Roebuck and Co.

97 F.3d 1459 NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel. George McKENNA, et al., Plaintiffs-Appellees, and Shari A. Berger; Gary Slippy; and Candida Wright, Plaintiffs-Appellants, v. SEARS, ROEBUCK AND CO., Defendant-Appellee. No. 92-17038. United States Court of Appeals, Ninth Circuit. Argued and Submitted March 14, 1996. Decided Aug. 30, 1996. Before: CANBY, REINHARDT, and LEAVY, Circuit Judges. ORDER 1 Judges Canby and Leavy agree that the appellants have standing to challenge the district court's approval of the attorneys' fee. Judge Reinhardt would dismiss the appeal for lack of standing. 2 Judges Canby and Leavy agree that the separately negotiated fee agreement is not a per se violation of public policy. Judge Reinhardt, were he to reach the merits, would agree. 3 Judges Canby and Leavy are also of the view that the district court erred in failing to analyze and determine the reasonableness of the negotiated fee. Judge Canby would have the district court assess…