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PRIMAX RECOVERIES, INC. v. GUNTER

No. 04-6357.

433 F.3d 515 (2006)

PRIMAX RECOVERIES, INC., Plaintiff-Appellee, v. Joan GUNTER and William Gunter, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: January 12, 2006.

Attorney(s) appearing for the Case

ON BRIEF: John M. Scannapieco, Boult, Cummings, Conners & Berry, Nashville, Tennessee, for Appellants. Thomas H. Lawrence, Lawrence & Russell, Memphis, Tennessee, for Appellee.

Before: MERRITT, MOORE, and SUTTON, Circuit Judges.

OPINION

MERRITT, Circuit Judge.

The District Court rejected an application for ERISA attorney's fees and costs under 29 U.S.C. § 1132(g) on the grounds that it lacked subject-matter jurisdiction over the case. The question presented in this appeal is whether an ERISA action ostensibly brought under 29 U.S.C. § 1132(a)(3) apparently for solely "legal," as distinguished from "equitable," relief — a form of relief clearly barred by Supreme...

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