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BISHOP v. OSBORN TRANSP., INC.

Civ. A. No. 86-AR-1345-M.

687 F.Supp. 1526 (1988)

Guy H. BISHOP, Plaintiff, v. OSBORN TRANSPORTATION, INC., et al., Defendants.

United States District Court, N.D. Alabama, M.D.

April 26, 1988.

Attorney(s) appearing for the Case

Myron K. Allenstein, Roy Moore, Gadsden, Ala., for plaintiff.

George P. Ford, Simmons, Ford & Brunson, Gadsden, Ala., Maibeth J. Porter, Maynard, Cooper, Frierson & Gale, P.C., Birmingham, Ala., for Osborn Transp., Inc.

MEMORANDUM OPINION

ACKER, District Judge.

The court has for consideration the motion of plaintiff, Guy H. Bishop, for attorney's fees. It erroneously invokes 29 U.S. C. § 1332(9)(1), a non-existent statute. The court deduces that Bishop means to invoke 29 U.S.C. § 1132(g)(1), which provides:

In any action under this subchapter ... by a participant, beneficiary, or fiduciary, the court in its discretion may allow a reasonable attorney's...

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