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CURRY v. CONTRACT FAB. INC. PROFIT SHARING PLAN

Nos. 88-7235, 88-7448.

891 F.2d 842 (1990)

Alexander CURRY, Plaintiff-Appellee, v. CONTRACT FABRICATORS INCORPORATED PROFIT SHARING PLAN; Victor M. Haber, individually and in his formal capacity as President of Contract Fabricators, Inc.; et al., Defendants-Appellants. Alexander CURRY, Plaintiff-Appellant, Cross-Appellee, v. CONTRACT FABRICATORS INCORPORATED PROFIT SHARING PLAN; Victor M. Haber, individually and in his formal capacity as President of Contract Fabricators, Inc., et al., Defendants-Appellees, Cross-Appellants.

United States Court of Appeals, Eleventh Circuit.

January 9, 1990.

Attorney(s) appearing for the Case

Theron Stokes, Kenneth L. Thomas, Massey, Means & Thomas, Montgomery, Ala., Joe R. Whatley, Jr., James E. Smith, Cooper, Mitch, Crawford, Kuykendall & Whatley, Birmingham, Ala., for Alexander Curry.

Thomas R. DeBray, Kaufman, Rothfeder & Blitz, Montgomery, Ala., for Contract Fabricators Inc. Profit Sharing Plan, et al.

Before TJOFLAT, Chief Judge, HATCHETT, Circuit Judge, and ESCHBACH, Senior Circuit Judge.

TJOFLAT, Circuit Judge:

In this case, the defendant appeals the district court's award of civil penalties to the plaintiff under section 502(c) of the Employee Retirement Income Security Act (ERISA), 29 U.S.C. § 1132(c) (1982), and its award of attorneys' fees under section 1132(g), id. § 1132(g). Because district courts have discretion to award civil penalties under section 1132(c) and attorneys' fees under...

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