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YESETA v. BAIMA

No. 86-6686.

837 F.2d 380 (1988)

Thomas J. YESETA, Plaintiff-Counter-Defendant-Appellee, v. Anthony S. BAIMA, Michael Baima, A. Baima, Inc., Rodney C. Miles, individually and as Executor under the Will of Anthony P. Baima, Deceased, and Andrew Hanley, Defendants-Counter-Plaintiffs-Appellants.

United States Court of Appeals, Ninth Circuit.

Decided January 15, 1988.

Attorney(s) appearing for the Case

Charles E. Weber, Gianni R. Driller, Keller, Weber & Dobrott, Irvine, Cal., for defendants-counter-plaintiffs-appellants.

Arthur E. Schwimmer, and Patricia S. Brady, Los Angeles, Cal., for plaintiff-counter-defendant-appellee.

Before ANDERSON, FERGUSON and NOONAN, Circuit Judges.

J. BLAINE ANDERSON, Circuit Judge:

A. Baima, Inc. ("Baima Inc.") and the additional defendants appeal a judgment for Thomas J. Yeseta ("Yeseta") for $34,099.67 on the main claim and a $22,750 attorneys' fees award. Yeseta's suit was based upon the Employee Retirement Income Security Act, 29 U.S.C. §§ 1001, et seq. ("ERISA"). The defendants counterclaimed based on ERISA also. The district court entered a judgment for Yeseta, offset by the counterclaim. The...

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