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McINTOSH v. PACIFIC HOLDING CO.

No. 4:CV95-3123.

12 F.Supp.2d 987 (1998)

Jean A. McINTOSH, an individual, and Harding & Ogborn, P.C., etc., Plaintiffs, v. PACIFIC HOLDING COMPANY and Pacific Holding Company Employee Welfare Benefit Plan, Defendants.

United States District Court, D. Nebraska.

July 8, 1998.

Attorney(s) appearing for the Case

Tim Engler, Gregory D. Barton, Harding, Shultz & Downs, Lincoln, NE, for Plaintiffs.

Shawn D. Renner, Cline, Williams, Wright, Johnson & Oldfather, Lincoln, NE, for Defendants.

MEMORANDUM AND ORDER

KOPF, District Judge.

This case is before me upon remand from the Court of Appeals. McIntosh v. Pacific Holding Company, 120 F.3d 911, 912 (8th Cir.1997) (an ERISA plan was silent on the issue of attorney fees for plan beneficiaries who sue third party tortfeasors when the plan is also subrogated to the recovery of the beneficiary; holding that "federal common law gives an action for attorney...

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