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SCARANGELLA v. GROUP HEALTH, INC.

Docket No. 12-2750-cv.

731 F.3d 146 (2013)

Nicholas SCARANGELLA, Plaintiff-Counter Defendant, and Scarangella & Sons, Inc., as Administrator of the Village Fuel Employee Benefits Plan, d/b/a Village Fuel, Defendant-Cross-Defendant-Cross Claimant-Appellant, v. GROUP HEALTH, INC., Defendant-Counter Claimant-Cross Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided: September 10, 2013.

Attorney(s) appearing for the Case

Richard J. Quadrino , Quadrino Schwartz, P.C., Garden City, NY, for Defendant-Cross Defendant-Cross Claimant-Appellant.

Michael H. Bernstein ( John T. Seybert , on the brief), Sedgwick LLP, New York, NY, for Defendant-Counter Claimant-Cross Defendant-Appellee.

Before: HALL and DRONEY, Circuit Judges, and RESTANI, Judge.

RESTANI, Judge:

Appellant Village Fuel appeals the district court's denial of attorney's fees in this ERISA action. The district court held that Village Fuel was ineligible for attorney's fees because it "was not the `prevailing party,' and ... it did not obtain any success on the merits." Although the district court appeared to rely upon the Supreme Court's standard for determining eligibility for an award of attorney's fees, as set out in Hardt v. Reliance Std...

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