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IN RE KNIGHT

No. 98-55547.

207 F.3d 1115 (2000)

In re Homer Lee KNIGHT; Donzelle Knight, Debtors. Carpenters Southern California Administrative Corporation, a California non-profit corporation, Plaintiff-Appellant, v. Homer Lee Knight, d/b/a H.K. Concrete, Inc., and as H.K. Concrete Company; Donzelle Knight; Interlog, Inc., a District of Columbia corporation, doing business in California as D.C. Interlog, Inc., Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed March 14, 2000.

Attorney(s) appearing for the Case

Desmond C. Lee, Enrique Gutierrez, and Margaret R. Gifford, DeCarlo, Connor & Selvo, Los Angeles, California, for the plaintiff-appellant.

Stephen J. Schultz and Mark T. Bennett, Merrill, Schultz & Wolds, San Diego, California, for the defendants-appellees.

Before: PREGERSON, NOONAN, and O'SCANNLAIN, Circuit Judges.

O'SCANNLAIN, Circuit Judge:

We must decide whether a district court's lack of subject matter jurisdiction precludes it from awarding costs and attorneys' fees against a plaintiff alleging a cause of action under the Employee Retirement Income Security Act.

I

Homer and Donzelle Knight (collectively "the Knights") are construction contractors and the sole shareholders of the H.K. Concrete Company ("H.K. Concrete"). H.K. Concrete was bound by a master...

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