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MARTIN v. ARKANSAS BLUE CROSS AND BLUE SHIELD

No. 00-3420.

270 F.3d 673 (2001)

Norma MARTIN, Brian Martin, Appellants, v. Arkansas BLUE CROSS AND BLUE SHIELD, a Mutual Insurance Company, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 26, 2001.

Rehearing Granted; Opinion and Judgment Vacated December 7, 2001.

Attorney(s) appearing for the Case

Bobby Lee Odom, Fayetteville, AR, argued (Don R. Elliott, Jr., Fayetteville, AR, on the brief), for appellant.

David R. Matthews, Rogers, AR, argued, for appellee.

Before BYE and BEAM, Circuit Judges, and MELLOY, District Judge.

Rehearing En Banc Granted; Opinion and Judgment Vacated December 7, 2001.

PER CURIAM.

Norma and Brian Martin appeal the district court's denial of attorney's fees following their successful suit to certify benefits for Norma's lung transplant operation under a plan governed by the Employee Retirement Income Security Act (ERISA). The Martins also appeal the district court's determination that ERISA fee awards cannot be calculated on a contingency basis. We...

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