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JANNEY MONTGOMERY SCOTT LLC v. TOBIN

No. 08-1863.

571 F.3d 162 (2009)

JANNEY MONTGOMERY SCOTT LLC; John J. Lennon, Petitioners, Appellees, v. Emily E. TOBIN, Trustee of the John F. Tobin Family Trust and Emily E. Tobin Trust; Jon S. Tobin, Trustee of the John F. Tobin Family Trust and Emily E. Tobin Trust, Respondents, Appellants.

United States Court of Appeals, First Circuit.

Decided July 8, 2009.

Attorney(s) appearing for the Case

Robert T. Gill, with whom Jennifer L. Markowski and Peabody & Arnold LLP were on brief, for petitioners.

Dennis A. Murphy, with whom Nixon Peabody LLP was on brief, for respondents.

Before BOUDIN, TASHIMA, and HOWARD, Circuit Judges.

HOWARD, Circuit Judge.

This appeal presents the question of whether a Massachusetts statute entitling a party to attorneys' fees following a successful arbitration entitles the same party to attorneys' fees incurred in successfully defending against an attempt to overturn the arbitral award in court. The district court denied the request for fees without explanation. We reverse and remand for further proceedings.

I.

Appellants Emily E. Tobin and...

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