On January 30, 2009, the Fifth Circuit released unpublished Smith v. Mirant, Inc., (In re Mirant Corp.), 2009 U.S. App. LEXIS 1816 (concluding that attorney representing common shareholders, pursuant to a fee agreement, at valuation hearings in seeking a higher recovery for existing shareholders may submit a fee application for fees and expenses under § 503(b)(4) of the Bankruptcy Code) http://www.ca5.uscourts.gov/