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FREEMAN v. CENTRAL STATES, ETC. PENSION FUND

Nos. 93-2559, 94-1150.

32 F.3d 90 (1994)

Sammy Joe FREEMAN, on behalf of himself and all others similarly situated, Plaintiff-Appellee, v. The CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, Defendant-Apllant. National Coordinating Committee for Multiemployer Plans, Amicus Curiae. (Two Cases)

United States Court of Appeals, Fourth Circuit.

Decided August 10, 1994.

Attorney(s) appearing for the Case

ARGUED: William John Nellis, Central States, Southeast and Southwest Areas Pension Fund, Rosemont, IL, for appellant. Marcus Angelo Manos, Nexsen, Pruet, Jacobs & Pollard, Greenville, SC, for appellee. ON BRIEF: Francis J. Carey, Central States, Southeast and Southwest Areas Pension Fund, Rosemont, IL, William H. Ehlies, Greenville, SC, for appellant. Thomas L. Stephenson, Nexsen, Pruet, Jacobs & Pollard, Greenville, SC, for appellee. K. Peter Schmidt, Philip W. Horton, Vivian Lee Hobbs, David S. Eggert, Arnold & Porter, Feder & Associates, Washington, DC, for amicus curiae.

Before HALL and HAMILTON, Circuit Judges, and PHILLIPS, Senior Circuit Judge.

Reversed by published opinion. Judge HALL wrote the opinion, in which Judge HAMILTON and Senior Judge PHILLIPS joined.

OPINION

K.K. HALL, Circuit Judge:

The Central States, Southeast and Southwest Areas Pension Fund (the Plan) appeals orders of the district court finding that members of the plaintiff class have fully vested interests in the Plan and awarding the class attorney's fees.

I.

The Plan is a defined benefit

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