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SMITH v. CMTA-IAM PENSION TRUST

No. 83-1792.

746 F.2d 587 (1984)

Don Ray SMITH, Plaintiff-Appellant, v. CMTA-IAM PENSION TRUST, et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided November 2, 1984.

Attorney(s) appearing for the Case

Stanley T. Grydyk, Grydyk & Pierce, Richmond, Cal., for plaintiff-appellant.

Richard C. Johnson, Warren H. Saltzman, Saltzman & Johnson, San Francisco, Cal., for defendants-appellees.

Before WALLACE, FLETCHER and FERGUSON, Circuit Judges.

FERGUSON, Circuit Judge:

This case is before the court to review the district court's denial of plaintiff's motion for attorney's fees under section 502(g)(1) of the Employee Retirement Income and Security Act (ERISA), 29 U.S.C. § 1132(g)(1). We hold that the district court abused its discretion in denying fees and therefore reverse and remand.

The plaintiff, Don Ray Smith, brought this action against the CMTA-IAM Pension Trust to recover benefits which...

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