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D'EMANUELE v. MONTGOMERY WARD & CO., INC.

No. 88-6505.

904 F.2d 1379 (1990)

Salvatore D'EMANUELE, Plaintiff-Appellant, v. MONTGOMERY WARD & CO., INC., Long Term Disability Plan & Trust; Montgomery Ward & Company, Inc., et al., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided June 5, 1990.

As Amended on Denial of Rehearing August 30, 1990.

Attorney(s) appearing for the Case

Herbert Hafif, Law Office of Herbert Hafif, Claremont, Cal., James J. Guziak, James J. Guziak, A P.C., Santa Ana, Cal., for plaintiff-appellant, Salvatore D'Emanuele.

Richard D. Roth, Reid & Hellyer, Riverside, Cal., for the defendants-appellees Montgomery Ward & Co., Inc., and Montgomery Ward & Co., Inc., Long Term Disability Plan and Trust.

Before WALLACE, PREGERSON and ALARCON, Circuit Judges.

ALARCON, Circuit Judge:

Salvatore D'Emanuele appeals from the order of the district court awarding him attorney's fees of $76,125.00 in his ERISA action pursuant to 29 U.S.C. § 1132(g). D'Emanuele requests that we vacate and remand the district court's award of attorney's fees. D'Emanuele claims that the district court erred by (1) failing to apply properly the hybrid lodestar/multiplier analysis for fee determination; (2) failing to offer a clear and concise...

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