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URSIC v. BETHLEHEM MINES

Nos. 83-5155, 83-5242.

719 F.2d 670 (1983)

William B. URSIC, Appellee, v. BETHLEHEM MINES, a subsidiary of Bethlehem Steel Corporation; the Pension Plan of Bethlehem Steel Corporation and Subsidiary Companies; and D.W. Kempken, Plan Administrator, Appellants.

United States Court of Appeals, Third Circuit.

Decided October 19, 1983.

Attorney(s) appearing for the Case

Carl H. Hellerstedt, Jr., Joseph Mack, III, Richard R. Riese, Brian J. Dougherty, Thorp, Reed & Armstrong, Pittsburgh, Pa., for appellants.

Stanford A. Segal, Gatz, Cohen, Segal & Koerner, Pittsburgh, Pa., for appellee.

Before ALDISERT and WEIS, Circuit Judges, and RE, Chief Judge.

Submitted Pursuant to Third Circuit Rule 12(6) on August 12, 1983.

OPINION OF THE COURT

WEIS, Circuit Judge.

In this appeal we determine that the district court, 556 F.Supp. 571, properly chose to award an attorney's fee to the prevailing plaintiff in an ERISA case. However, we conclude that, although counsel was effective and competent, the nature of the factual and legal issues litigated did not justify an...

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