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JONES v. O'HIGGINS

No. 87-CV-1002.

736 F.Supp. 1243 (1990)

Allen T. JONES, Plaintiff, v. Michael B. O'HIGGINS, Defendant.

United States District Court, N.D. New York.

May 14, 1990.

Attorney(s) appearing for the Case

Hiscock & Barclay (Richard Weisz, of counsel), Albany, N.Y., for plaintiff.

Thorn and Gershon (Arthur H. Thorn, of counsel), Albany, N.Y., for defendant.

MEMORANDUM-DECISION AND ORDER

McCURN, Chief Judge.

I. BACKGROUND

This is a motion by the defendant, Michael O'Higgins, to recover legal fees and costs which he incurred in the course of successfully defending against claims brought by the plaintiff under the Employee Retirement Income Security Act of 1974 ("ERISA"). Defendant's motion is based on 29 U.S.C. § 1132(g)(1) and Rule 54(d) of the Federal Rules of Civil Procedure.

In the...

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