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McINTOSH v. PACIFIC HOLDING CO.

No. 96-2932.

120 F.3d 911 (1997)

Jean A. McINTOSH, An Individual, and Harding & Ogborn, P.C., A Partnership of Nebraska and Colorado Professional Corporations, Appellants, v. PACIFIC HOLDING COMPANY, and Pacific Holding Company Employee Welfare Benefit Plan, Appellees.

United States Court of Appeals, Eighth Circuit.

Decided August 8, 1997.

Rehearing Denied September 19, 1997.

Attorney(s) appearing for the Case

Timothy Engler, Lincoln, NE, argued (Maren Lynn Chaloupka and Gregory D. Barton on the brief), for Appellants.

Shawn D. Renner, Lincoln, NE, for Appellees.

Before WOLLMAN, JOHN R. GIBSON, and MORRIS SHEPPARD ARNOLD, Circuit Judges.

MORRIS SHEPPARD ARNOLD, Circuit Judge.

Jean A. McIntosh and her counsel appeal from a judgment denying their claim for legal fees for work performed in a tort action to recover from third parties money that was ultimately reimbursed to Pacific Holding Company Employee Welfare Benefit Plan (the "Plan"). We reverse the district court and remand for the determination of whether an attorney's fee is appropriate in the circumstances of this case and, if so, what its amount...

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