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McMANUS v. GITANO GROUP, INC.

No. 1453, Docket 94-9165.

59 F.3d 382 (1995)

Thomas McMANUS, Plaintiff-Appellant, v. The GITANO GROUP, INC., Defendant, Comprehensive Benefits Service Co., Inc., Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 12, 1995.

Attorney(s) appearing for the Case

Louis J. Castellano, Jr., Garden City, NY, for plaintiff-appellant.

Marshall T. Potashner, New York City (John F. Renzulli, Scott M. Lerman, Wilson, Elser, Moskowitz, Edelman & Dicker, of counsel), for defendant-appellee.

Before: WINTER, MAHONEY and CALABRESI, Circuit Judges.

WINTER, Circuit Judge:

Thomas McManus appeals from the denial of his motion for attorney's fees under the Employee Retirement Income Security Act ("ERISA"), 29 U.S.C. § 1001 et seq. We affirm.

McManus was a participant in The Employee Health Care Plan (the "Plan"), sponsored by his employer, The Gitano Group, Inc. ("Gitano"). Following a bone marrow transplant, McManus brought an ERISA action to recover benefits from Gitano and Comprehensive Benefits...

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