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ELLISON v. SHENANGO INC. PENSION BD.

Nos. 91-3094, 91-3112.

956 F.2d 1268 (1992)

Charles E. ELLISON v. SHENANGO INCORPORATED PENSION BOARD, Andrew Aloe, individually and in his capacity as administrator of the Shenango Inc. Pension Plan, and Shenango Inc. v. William P. SNYDER, IV, Third Party, v. Jonathan S. SPATZ, Fourth Party, Andrew Aloe, in his capacity as Administrator of the Shenango Incorporated Pension Plan (the "Administrator"), and the Shenango Incorporated Pension Plan (the "Plan"), Appellants at No. 91-3094. Charles E. ELLISON, Appellant, v. SHENANGO INCORPORATED PENSION BOARD, Andrew Aloe, individually and in his capacity as administrator of the Shenango Inc. Pension Plan and Shenango Inc. v. William P. SNYDER, IV v. Jonathan S. SPATZ.

United States Court of Appeals, Third Circuit.

Decided February 18, 1992.

Attorney(s) appearing for the Case

Timothy P. O'Brien (argued), Sikov & Love, P.A., Pittsburgh, Pa., for Charles E. Ellison.

Michael D. Glass (argued), Anthony J. Polito, Polito & Smock, P.C., Pittsburgh, Pa., for Shenango Inc. Pension Bd., Andrew Aloe, individually and in his capacity as Administrator of the Shenango Inc. Pension Plan, and Shenango Inc.

Anthony J. Basinski (argued), Reed, Smith, Shaw & McClay, Pittsburgh, Pa., for William P. Snyder, IV.

Before BECKER and HUTCHINSON, Circuit Judges, and FULLAM, District Judge.

OPINION OF THE COURT

HUTCHINSON, Circuit Judge.

I.

In these consolidated appeals, at Docket No. 91-3112, Charles E. Ellison (Ellison) appeals an order of the United States District Court for the Western District of Pennsylvania denying his request for an award of attorney's fees against the Shenango Inc. Pension Plan and Andrew Aloe, in his capacity as the Plan Administrator (collectively "the Plan"). Ellison sought fees after successfully recovering...

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