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MIELE v. N.Y. STATE TEAMSTERS CONF. PEN. & RET. F.

No. 25, Docket 86-7892.

831 F.2d 407 (1987)

Anthony MIELE, Jr., Joseph D. Kenna, and Vincent Barraco, Individually and on behalf of all others similarly situated, Plaintiffs-Appellants, v. NEW YORK STATE TEAMSTERS CONFERENCE PENSION & RETIREMENT FUND, Al Sgaglione as Executive Administrator, Josephine Dontino, as Assistant Administrator, T. Edward Nolan, Irving Wisch, Kepler Vicent, R.F. De Perno, Jack Canzoneri, Victor Moussaeu, and Paul Bush, individually and in their capacity as Trustees of the New York State Teamsters Conference Pension & Retirement Fund, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided October 23, 1987.

Attorney(s) appearing for the Case

Allan L. Gropper, New York City (Dwight A. Healy, White & Case, New York City, Edgar Pauk, Toby Golick, Jonathan A. Weiss, Legal Services for the Elderly, New York City, N.Y., on brief), for plaintiffs-appellants.

Peter P. Paravati, New York City (Lawrence Vincent Kelly, New York City, on brief), for defendants-appellees.

Before VAN GRAAFEILAND, MESKILL and NEWMAN, Circuit Judges.

JON O. NEWMAN, Circuit Judge:

The issue on this appeal is whether the District Court exceeded its discretion in its selection of an hourly rate for purposes of awarding a reasonable attorney's fee. More precisely the issue is whether the Court erred in basing its determination of an appropriate hourly rate partly on non-market rates. The issue arises on an appeal by three employees who obtained pension benefits as a result...

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