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CORDER v. HOWARD JOHNSON & CO.

No. 93-35242.

53 F.3d 225 (1994)

Dean CORDER; Lorna Corder, Plaintiffs-Appellants, and Gary Baugh, Defendant-Appellant, and Bruce Chadwick; Betty Chadwick, Plaintiffs-Appellants, and Baugh Construction & Engineering Co. Profit Sharing Plan, Third-Party-Plaintiff-Appellant, v. HOWARD JOHNSON & COMPANY, Third-Party-Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided October 7, 1994.

Amended January 31, 1995.

Attorney(s) appearing for the Case

Donald W. McClintock, Ashburn & Mason, Anchorage, AL, for appellant, Baugh Const. & Engineering Co. Profit Sharing Plan.

Bruce E. Gagnon, Atkinson, Conway & Gagnon, Anchorage, AL, for appellant, Gary M. Baugh, trustee.

Michael R. Spaan, Bogle & Gates, Anchorage, AL, for appellee, Howard Johnson & Co.

Before: PREGERSON, CANBY, and BOOCHEVER, Circuit Judges.

ORDER

The opinion filed October 7, 1994 is amended as follows:

At slip opinion page 12369, delete the first sentence of the second full paragraph (beginning "As an initial matter ...") and substitute the following:

As an initial matter, we find that Mr. Baugh may not be held liable for attorney's fees under ERISA because he is not an enumerated party bringing the ERISA action, nor was the action which was initiated against him brought by one of...

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