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SCHWARTZ v. GREGORI

No. 97-4166.

160 F.3d 1116 (1998)

Diane A. SCHWARTZ, Plaintiff-Appellant, v. Joseph S. GREGORI, M.D.; Joseph S. Gregori, M.D., Inc., Individually and as Employer and Administrator of the Pension Plan and Trust, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided November 20, 1998.

Rehearing and Suggestion for Rehearing Denied December 23, 1998.

Attorney(s) appearing for the Case

Richard N. Schwartz (argued and briefed), Youngstown, OH, for Appellant.

Richard J. Thomas (argued and briefed), Richard N. Selby (briefed), Henderson, Covington, Stein, Donchess & Messenger, Youngstown, OH, for Appellees.

Before: KENNEDY, WELLFORD, and BOGGS, Circuit Judges.

Rehearing and Suggestion for Rehearing En Banc Denied December 23, 1998.

KENNEDY, Circuit Judge.

Plaintiff, Diane A. Schwartz, appeals from the District Court's order denying her applications for appellate attorney's fees in this action for breach of fiduciary duty and discharge in retaliation for asserting rights pursuant to the Employee Retirement Income Security Act of 1974, 29 U.S.C. § 1001, et seq.<...

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