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FIRST TRUST CORP. v. BRYANT

No. 02-5941.

410 F.3d 842 (2005)

FIRST TRUST CORPORATION, Plaintiff-Appellee, v. Brenda Fuston Petrey BRYANT, Defendant, Kay Hamlin, Intervening Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: June 10, 2005.

Attorney(s) appearing for the Case

ARGUED: Michael Dean, Irvine, Kentucky, for Appellant. John W. Mill, Sherman & Howard, Denver, Colorado, for Appellee. ON BRIEF: Michael Dean, Irvine, Kentucky, for Appellant. John W. Mill, Sherman & Howard, Denver, Colorado, for Appellee.

Before: SUHRHEINRICH, CLAY, and SUTTON, Circuit Judges.

SUHRHEINRICH, J., delivered the opinion of the court, in which CLAY, J., joined.

SUTTON, J. (pp. 857-63), delivered a separate dissenting opinion.

SUHRHEINRICH, Circuit Judge.

In this statutory interpleader action, the district court awarded more than $53,000 in attorney's fees to the interpleader plaintiff, First Trust Corporation ("First Trust"), the former trustee of a pension plan governed by the Employee Retirement Income Security Act, 29 U.S...

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