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IN THE COURT OF APPEALS OF IOWA No. 0-705 / 09-1868 Filed December 22, 2010

DANIEL D. BERNSTEIN, Plaintiff-Appellee/Cross-Appellant, vs. WILLIAM J. BRIBRIESCO & ASSOCIATES and WILLIAM J. BRIBRIESCO, Individually, Defendants-Appellants/Cross-Appellees. ________________________________________________________________

Appeal from the Iowa District Court for Scott County, L. Vern Robinson, Judge.

The defendants appeal from a district court decree allocating attorney fees received by the plaintiff after he left the defendants' law firm. Plaintiff crossappeals the denial of his claim against the defendants for unpaid wages. AFFIRMED.

Anthony J. Bribiesco and William J. Bribriesco of William J. Bribriesco & Associates, Bettendorf, for appellants. Charles T. Traw of Leff Law Firm, L.L.P., Iowa City, for appellee. Daniel D. Bernstein, Davenport, pro se.

Heard by Mansfield, P.J., and Danilson and Tabor, JJ.

2 MANSFIELD, P.J. This lawsuit is between two lawyers over the termination of their relationship within a single law firm. William Bribriesco, the proprietor of

William J. Bribriesco & Associates, alleges his former associate, Daniel Bernstein, breached an oral agreement regarding the division of attorney fees on several contingent cases that Bernstein took with him when he left the firm. Bribriesco also alleges Bernstein breached fiduciary duties owed to the firm. Bernstein cross-appeals, asserting Bribriesco is liable for liquidated damages because Bribriesco did not timely pay his wages while Bernstein worked at the firm. See Iowa Code

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