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TEXTILE WORKERS PENSION FUND v. FINDLAY INDUST.

No. 97 Civ. 9277.

56 F.Supp.2d 386 (1999)

TEXTILE WORKERS PENSION FUND and John Agnello, Noel Beasley, Harold Bock, John Buck, James Brubaker, Brian Curtis, Louis D'Amico, Agnelo Decosta, George Degray, Bruce A. Dunton, Ralph Guerriero, William T. Lee, Richard A. MacFadyen, Mark Pitt, Bruce Raynor, Henry A. Scheyer, Jr., George W. Shuster, William A. Smetts, and Robert Standen, as Trustees of the Textile Workers Pension Fund, Plaintiffs, v. FINDLAY INDUSTRIES, INC., Defendant.

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

July 21, 1999.

Attorney(s) appearing for the Case

Schulte Roth & Zabel, LLP, New York City, by Ronald E. Richman, Morton I. Lorge, for plaintiffs.

Peter G. Eikenberry, New York City, for defendant.

MEMORANDUM AND ORDER

OWEN, District Judge.

This action was tried before me without a jury, and on March 26, 1999, I signed a Memorandum and Order, familiarity with which is presumed, finding for the defendant in all respects.

The Employee Retirement Income Security Act of 1974 (ERISA) provides for an award of attorneys' fees at the court's discretion. 29 U.S.C. § 1132(g)(1). The Second Circuit has a five-step test for assessing such a...

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