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CONTINENTAL CAN CO., INC. v. CHICAGO TRUCK DRIVERS, HELPERS AND WAREHOUSE WORKERS UNION (INDEPENDENT) PENSION FUND

No. 89-3759.

921 F.2d 126 (1990)

CONTINENTAL CAN COMPANY, INC., Plaintiff-Appellant, v. CHICAGO TRUCK DRIVERS, HELPERS AND WAREHOUSE WORKERS UNION (INDEPENDENT) PENSION FUND, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

December 27, 1990.

Attorney(s) appearing for the Case

Charles R. McKirdy, Rudnick & Wolfe, Matthew R. McArthur, Pope, Ballard, Shepard & Fowle, Chicago, Ill., for plaintiff-appellant.

Joseph M. Burns, Stephen B. Horwitz, Jacobs, Burns, Sugarman & Orlove, Chicago, Ill., for defendant-appellee.

Before FLAUM, EASTERBROOK, and KANNE, Circuit Judges.

ON MOTION FOR ATTORNEYS' FEES

EASTERBROOK, Circuit Judge.

After prevailing on the merits, 916 F.2d 1154 (7th Cir.1990), the pension fund requests from the employer the legal fees it incurred in defending its judgment. The Fund invokes both Fed.R.App.P. 38 and § 4301(e) of the Multiemployer Pension Plan Amendments Act of 1980, 29 U.S.C. § 1451(e). We put Rule 38 aside immediately, for the appeal was not frivolous...

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