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BENDER v. FREED

No. 04-4169.

436 F.3d 747 (2006)

Gary L. BENDER and Renee Bender, Plaintiffs-Appellees, v. Gretchen M. FREED, Defendant-Appellee, and Bergquist Company Employee Health Plan, Defendant, Third/Party Plaintiff-Appellant, v. Phillip Todryk and Todryk Law Office, Third/Party Defendants-Appellees.

United States Court of Appeals, Seventh Circuit.

Decided February 2, 2006.

Attorney(s) appearing for the Case

Gary L. Bender, Cataula, GA, pro se.

Renee Bender, Cataula, GA, pro se.

Timothy P. McCarthy, Chestnut & Brooks, Minneapolis, MN, Nathan A. Fishbach (argued), Ross A. Anderson, Whyte Hirschboeck Dudek, Milwaukee, WI, Phillip Todryk, Hudson, WI, for Defendants-Appellees.

Bruce J. Douglas (argued), Larkin, Hoffman, Daly & Lindgren, Bloomington, MN, Defendant-Appellant.

Before EASTERBROOK, KANNE, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

The Bergquist Company Health Plan prevailed on an ERISA-based reimbursement claim in the district court and sought attorneys' fees pursuant to ERISA, 29 U.S.C. § 1132(g), and also under 28 U.S.C. § 1927, which permits the district court to award attorneys' fees as a sanction against an attorney who "multiplies the proceedings in any case unreasonably and vexatiously." The district court denied the request for fees, holding that the...

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