CENTRAL STATES v. CENTRAL CARTAGE CO.

Nos. 94-3823, 95-1872 & 95-1976.

76 F.3d 114 (1996)

CENTRAL STATES, SOUTHEAST AND SOUTHWEST AREAS PENSION FUND, et al., Plaintiffs-Appellees, v. CENTRAL CARTAGE COMPANY and Central Transport, Inc., Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

January 22, 1996.


Attorney(s) appearing for the Case

Albert M. Madden (submitted), Central States, Southeast & Southwest Area Pension Fund, Rosemont, IL, for Plaintiffs-Appellees.

Charles C. Jackson, Mark A. Casciari, James L. Curtis, Seyfarth, Shaw, Fairweather & Geraldson, Leonard R. Kofkin, Donald J. Vogel, Fagel & Haber, Chicago, IL, Patrick A. Moran, Scott T. Stirling, Evans & Luptak, Detroit, MI, for Defendants-Appellants.

Before FLAUM, EASTERBROOK, and DIANE P. WOOD, Circuit Judges.


EASTERBROOK, Circuit Judge.

Following its victory on the merits of these appeals, see 69 F.3d 1312 (1995), the Central States Pension Fund requested an award of attorneys' fees under § 502(g)(2)(D) of ERISA, 29 U.S.C. § 1132(g)(2)(D). The district court awarded the Fund the fees incurred in that forum, concluding that the employers' position was not substantially justified, and the Fund submits that the appeal was no better...

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