John P. Fullam, Senior United States District Judge for the Eastern District of Pennsylvania, sitting by designation. In its opinion on reconsideration, the court maintained essentially the same position but added that it was exercising its equitable powers in reaching its decision.
Counsel appeals from that order.
The threshold issue before us is whether we have jurisdiction to consider this interesting issue at this time. App. at 219. Although the district court assured counsel that they would receive a reasonable rate for every hour worked, it did not resolve the dispute over the hourly rate. Counsel for plaintiffs now appeal the order denying the request for a fee award from the common fund. The parties have focused their principal briefs on the merits of the district court's order denying counsel fees from the common fund created from their efforts.