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CORDER v. HOWARD JOHNSON & CO.

No. 93-35242.

37 F.3d 550 (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.

Attorney(s) appearing for the Case

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

Bruce E. Gagnon, Atkinson, Conway & Gagnon, Anchorage, AK, for appellant, Gary M. Baugh, Trustee.

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

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

PREGERSON, Circuit Judge:

INTRODUCTION

Bruce and Betty Chadwick, Dean and Lorna Corder (the "Beneficiaries"), Baugh Construction and Engineering Company Profit Sharing Plan (the "Plan"), and Gary Baugh appeal the district court's award of attorney's fees to Howard Johnson & Company ("Howard Johnson & Co."). The attorney's fees at issue were awarded under 29 U.S.C. § 1132(g)(1) of the Employee Retirement Income Security Act ("ERISA") after the...

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