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UNITED McGILL CORP. v. STINNETT

No. 97-1046.

154 F.3d 168 (1998)

UNITED McGILL CORPORATION, Plaintiff-Appellant, v. Sharon STINNETT, Defendant-Appellee.

United States Court of Appeals, Fourth Circuit.

Decided August 27, 1998.

Attorney(s) appearing for the Case

ARGUED: Matt R. Ballenger, Baltimore, Maryland, for Appellant. Robyn B. Lupo, Eric S. Slatkin & Associates, Burtonsville, Maryland, for Appellee. ON BRIEF: Eric S. Slatkin, Eric S. Slatkin & Associates, Burtonsville, Maryland, for Appellee.

Before MURNAGHAN and ERVIN, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Vacated and remanded by published opinion. Senior Judge PHILLIPS wrote the opinion, in which Judge MURNAGHAN and Judge ERVIN joined.

OPINION

PHILLIPS, Senior Circuit Judge:

This is an appeal by United McGill Corporation from a district court judgment holding that an ERISA plan participant who recovers from a third party is entitled to a pro rata reduction for attorney's fees when reimbursing the plan for...

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