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McINTOSH v. PACIFIC HOLDING CO.

No. 4:CV95-3123.

928 F.Supp. 1464 (1996)

Jean A. McINTOSH, etc., et al., Plaintiffs, v. PACIFIC HOLDING COMPANY, et al., Defendants.

United States District Court, D. Nebraska.

June 18, 1996.

Attorney(s) appearing for the Case

Tim Engler, Gregory D. Barton, Harding, Schultz & Downs, Lincoln, NE, for Plaintiffs.

Shawn D. Renner, Cline, Williams, Wright, Johnson & Oldfather, Lincoln, NE, for Defendants.

MEMORANDUM AND ORDER

KOPF, District Judge.

Based upon stipulated facts, the parties have filed cross-motions for summary judgment. This case requires me to determine the applicability of the so-called "common fund" attorney fee doctrine to a health benefits plan governed by the Employee Retirement Income Security Act (ERISA). See 29 U.S.C. § 1001, et seq.

Specifically, Plaintiffs (a plan participant and her lawyers) ask me to determine...

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