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DEVINE v. AMERICAN BEN. CORP.

Civil Action No. 2:97-1157.

56 F.Supp.2d 679 (1999)

Nancy S. DEVINE, Plaintiff, v. AMERICAN BENEFIT CORPORATION, et al., Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

July 13, 1999.

Attorney(s) appearing for the Case

Mark W. Kelley and Jon L. Brown, Payne, Loeb & Ray, Charleston, WV, for Nancy S. Devine.

Thomas V. Flaherty and Keith M. Kodosky, Flaherty, Sensabaugh & Bonasso, Charleston, WV, for ABC.

John J. Polak and Susan M. Murray, Rose & Atkinson, Charleston, WV, and R. Terrence Rodgers, Allen, Guthrie & McHugh, Charleston, WV, for Association.

MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending are (1) Defendant American Benefit Corporation's (ABC) motion for attorney fees; and (2) a petition for award of attorney fees filed by Defendant Counter-Claimants Association of Community Mental Health/Mental Retardation Programs of West Virginia Benefit Plan Trust (the Trust) and its Trustees. The Court GRANTS as moulded the Trust's petition and DENIES ABC's motion...

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