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CANN v. CARPENTERS' PENSION TRUST FUND FOR NORTHERN CALIFORNIA

No. 91-15628.

989 F.2d 313 (1993)

George CANN, Plaintiff-Appellant, v. CARPENTERS' PENSION TRUST FUND FOR NORTHERN CALIFORNIA, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Withdrawn from submission December 10, 1992.

Resubmitted December 24, 1992.

Decided March 25, 1993.

Attorney(s) appearing for the Case

Ronald Dean, Pacific Palisades, CA, for plaintiff-appellant.

Robert M. Hirsch, Van Bourg, Weinberg, Roger & Rosenfeld, San Francisco, CA, for defendant-appellee.

Before: ALARCON, HALL and KLEINFELD, Circuit Judges.

KLEINFELD, Circuit Judge:

George Cann appeals the district court's decision that he is entitled to only $19,847.00 of the $51,600.24 in attorneys' fees that he requested under ERISA's attorneys' fees provision, 29 U.S.C. § 1132(g)(1). The issues are whether the statute allows for attorneys' fees for the administrative phase of the claims process, and whether it allows for enhancement for contingency. We hold that it allows for neither, and affirm.

I...

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