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CREDIT MANAGERS ASS'N v. KENNESAW LIFE & ACC. INS.

Nos. 91-55070, 91-55447 and 91-55789.

25 F.3d 743 (1994)

CREDIT MANAGERS ASSOCIATION OF SOUTHERN CALIFORNIA; State Court Receiver for Far West Administrators, Inc.; the Complete Association; the Complete Master Trust; Fincomp Insurance Marketing, Inc., Plaintiffs-Appellants, v. KENNESAW LIFE AND ACCIDENT INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided May 19, 1994.

Attorney(s) appearing for the Case

Richard P. Towne, Tisdale, Nicholson & Towne, Keith A. Fink, Cotkin & Collins, Los Angeles, CA, for plaintiffs-appellants on appeal only.

Douglas L. Hallett, Coudert Bros., Los Angeles, CA, for defendant-appellee.

Before: CANBY, BOOCHEVER and NORRIS, Circuit Judges.

Opinion by Judge CANBY; Dissent by Judge BOOCHEVER.

CANBY, Circuit Judge.

In these consolidated appeals, Credit Managers Association of Southern California ("CMA"), appointed by a California state court as receiver for four insolvent health insurers, appeals the district court's award of attorney's fees to Kennesaw Life and Accident Insurance Company ("Kennesaw"). The district court awarded fees pursuant to the Employee Retirement Income Security Act ("ERISA...

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